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Letters to the Editor
From
Mr. Rafael Runco,
Deputy
Independent Housing Ombudsman
Dear
Editor,
Peter Rutherford,
(letters, Property People, issue 419) makes two
claims which need correction
First, he says
that the ombudsman "depends upon the landlords for
his income to the extent of 91%", implying, one
presumes, that he cannot be impartial - or worse.
As many of your readers will know, the fact is that
the Housing Ombudsman Service is 100% funded by a
mandatory contribution levied on each tenancy in
its jurisdiction, collected through the landlords
who cannot withhold it. Arguably, it is the tenants
who pay for the ombudsman through their rent and
service charges. Other ombudsmen are funded by a
grant from government, and have been accused of
lack of independence for that reason. One suspects
that whichever arrangement was in place there would
always be objectors. The trite indictment that an
ombudsman's decisions can be affected by financial
self preservation could be equally made against
other adjudicators, referees, judges or
arbitrators: on the obvious basis that someone,
somewhere, has to pay for their services. A key
fact, at least in our case, is that the ombudsman's
remit comes from statutory provisions which give
him unfettered and fearless discretion to discharge
his duties. Parliament would take a dim view if
there were evidence to the contrary.
Second, Mr.
Rutherford says that the ombudsman "has never
accomplished any significant change". Again, a key
fact is that the ombudsman's role is to deal with
individual complaints to establish whether or not a
landlord has been responsible for a wrongdoing. He
is not a regulator, or a watchdog, or a tenants
advocate. He must make decisions in a non partisan
and dispassionate way, based on the facts in each
case. This painstaking approach may not always
result in headline grabbing 'significant change' ,
but it has the effect of making subtle and
incremental improvements to housing management and
the tenants' quality of life. What is more
meaningful for tenants and landlords, enduring
change or megaphone diplomacy?
Rafael
Runco
Deputy Ombudsman,
Housing Ombudsman Service•
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An initial brief response
from Peter Rutherford.
1.
The figure of 91% is about right. Last
year, IHOS received £2m from
landlords and £250k from grants and
other operating income.
2. If
you have achieved "significant change",
then why have you not given
examples?
3. I
did not say that landlord funding
precludes the possibility of impartiality,
but if a tenant receives a letter from the
ombudsman, Dr. Michael Biles, saying that
the evidence forwarded to him is
conclusive but it "does not change my
determination", then what is to be deduced
from this?
4. Is
it true that on two occasions, a move has
been made to the ODPM by landlords to set
up a new ombudsman scheme? Where would
that have left Dr. Biles'
office?
5. You speak of
"enduring change" and "megaphone
diplomacy". I can't see any sign of
either.
There is a lot more to be
said about Mr. Runco's letter.
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