Kingston upon Thames Council — case 202007990

REPORT COMPLAINT 202007990 Kingston upon Thames Council 18 November 2021 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:  Repair reports  Reports of COVID-19 guidelines not being adhered to. 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 The resident raised a complaint with the landlord, which was considered under its reference number CS2-180098. The landlord provided its final response on 25 November 2021. It is noted that the resident has several complaints raised with this service. On review of the information provided it has been identified that this complaint is one that has already been considered. This service issued a determination on 25 June 2021, our reference number 202009426, this was subsequently reviewed on 27 July 2021.

This considered the landlord’s handling of the same complaint, considered under its reference CS2-180098. Reasons Paragraph 39(o) of the Housing Ombudsman Scheme states that: The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion: (o) seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon; It is acknowledged by this Service that there has been a delay in identifying that the case had already been considered.

It is therefore accepted that the resident did not seek to reopen this complaint after our review of our complaint 202009426 in July 2021. However, as we have already considered this complaint, the Ombudsman cannot investigate it again.