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Waltham Forest Council (202316406)

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REPORT

COMPLAINT 202316406

Waltham Forest Council

3 March 2025


Our approach

The Ombudsman’s jurisdiction is what we can and cannot consider. The Housing Ombudsman Scheme governs this. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this.

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. This complaint is about the removal of the resident’s caravan.

Determination (jurisdictional decision)

  1. When a resident refers a complaint to this Service, we must consider all the circumstances of the case as there are sometimes reasons why we will not investigate.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within our jurisdiction.

Summary of events

  1. The resident lives in a property owned by the landlord.
  2. On 9 December 2021, the local authority issued a Notice of Intended Removal on the resident’s caravan.
  3. The local authority arranged for the removal of the caravan and placed it into storage. The resident made a formal complaint.
  4. The local authority responded at stage 1 on 28 December 2022 and stage 2 on 26 June 2023. It gave the resident referral rights to the Local Government and Social Care Ombudsman (LGSCO) should she remain dissatisfied with its final complaint response.

Reasons

  1. Paragraph 42.j. of the Scheme states that the Ombudsman will not investigate complaints which, in the Ombudsman’s opinion, fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body.
  2. In this case, the resident’s landlord is a council. It provides functions as both a landlord and as a local authority. While the council quoted tenancy terms and conditions with the resident during the matter and in the complaint response, it used its powers under the Refuse Disposal (Amenity Act) 1978 to take enforcement action. Section 3 of the Act only allows a local authority to exercise these powers.
  3. The LGSCO deals with complaints about local authorities and is the appropriate body to consider this case. Accordingly, the Housing Ombudsman will not investigate the complaint about the removal of the resident’s caravan under paragraph 42.j. of the Scheme.