Deptford Housing Co Operative Limited · Case 202117025 · 12 April 2022
Deptford Housing Co Operative Limited — case 202117025
The Ombudsman found maladministration in the landlord’s handling of The complaint concerns the landlord’s response to comments made about the resident’s occupancy during a special general meeting..
The full determination
REPORT COMPLAINT 202117025 Deptford Housing Co-operative Limited 12 April 2022 Our approach What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. 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 The complaint concerns the landlord’s response to comments made about the resident’s occupancy during a special general meeting. Determination (jurisdictional decision) When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.
Summary of events On 1 November 2021, the resident raised a formal complaint explaining that information shared about her occupancy had been disclosed during a special general meeting. The resident considered this to be an attempt to cause injury to her reputation and felt that it amounted to a breach of her data protection rights. On 20 July 2021, the landlord issued its final response to the complaint. It noted that it takes matters of confidentiality seriously and following an investigation, found no reason to uphold the resident’s complaint.
On 12 October 2021 the resident referred her complaint to this service. Reasons The Housing Ombudsman Scheme states that: (36) The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property. 39(i) The Ombudsman will not consider complaints which, in the Ombudsman’s opinion, concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure.
39(m) 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; The complaint raised by the resident does not concern an issue which is about a specific housing issue and instead, relates to information shared at a special general meeting. Therefore, in line with the above, the resident has not been adversely affected in respect of their occupation of property.
Furthermore, the resident has asserted that the landlord released this information to cause insult or injury to their reputation. This is a matter best suited to Court. I understand the resident feels that her data has been used in a way that she did not agree to. This service is unable to investigate whether there has been a breach of the Data Protection Act 2018 or GPDR. This is because these matters are better dealt with by the Information Commissioners Office. If the resident wishes to pursue the matter any further, they should contact the following organisations: https://ico.
org.uk/ www.citizensadvice.org.
This is a structured summary of a published determination. The official decision is the authoritative record. Contains public sector information licensed under the Open Government Licence v3.0.