In response to the Grenfell Tower disaster and in anticipation of the Social Housing White Paper, the Housing Ombudsman published its new Complaints Handling Code in July 2020. The aim of the Code is to ensure that residents are put at the heart of the complaints process and to ensure that complaints are dealt with in a fair, effective, and timely way.
The new code applies to all Registered Providers of Social Housing (‘Registered Providers’) and those charities that have voluntarily signed up to the Housing Ombudsman Scheme. Landlords are expected to meet the Code but it allows for some discretion as to how this is done. There are, however, two prescriptive elements to the Code, which landlords must implement:
- A two stage complaints process
- Timeframes for responses to resident complaints
The Almshouse Association encourages all of its members to adopt a similar approach to complaints handling as a matter of good practice.
The Code
The Complaint Handling Code is formed of six parts:
PART ONE – Definition of a complaint
The Code defines a complaints as:
“An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.”
It notes that a resident does not have to use the word ‘complaint’ for it to be treated as such and landlords should endeavour to resolve issues at an early stage to avoid a formal complaint being made.
PART TWO – Accessibility and awareness
The Code states that landlords are required to have a clear and accessible complaints policy and process and this should be publicised on the charity’s website (if you have one), in leaflets, in newsletters, and in other correspondence with residents. The Code also requires landlords to make residents aware of the Housing Ombudsman service and provide contact details
PART THREE – Complaint team, procedure, timeliness and responsiveness
The code requires a social landlord to have a nominated person responsible for handling complaints. This could be a member of staff or, in smaller charities, a trustee. It sets out how the complaints procedure should work, the timeframes for dealing with each step of the process, and expectations on how residents are communicated with throughout the process.
The Code also highlights the landlord’s duty to cooperate with a Housing Ombudsman investigation should this arise
PART FOUR – Fairness in complaint handling
The complaints process should be resident-focused with residents having the opportunity to put their points of view and expectations of an outcome before a decision is reached. The Code gives guidance on how a complaint should be handled fairly and how to deal with a complaint that is escalated
PART FIVE – Putting things right
Landlords should apologise for any failures identified and seek to resolve issues as soon as possible.
The Code notes the different ways in which a complaint can be resolved and the factors to consider when formulating a remedy. It also addresses concerns about legal liability.
PART 6 – Continuous learning and improvement
The Code encourages landlords to look beyond individual complaints and to consider whether any changes in process to deliver better service to residents. Learning and improvement from complaints should be included in the charity’s annual report.
Compliance
Failures under the Housing Ombudsman Scheme and Complaints Handling Code will result in a complaint handling failure order and the Code sets out the circumstances under which this would happen. The Ombudsman will publish the names of housing providers subject to these orders on a quarterly basis and share this information with the Regulator of Social Housing.
Action to be taken
If your charity has not yet done so and is a Registered Provider of Social Housing (or has been in the past) or has voluntarily signed up to the Housing Ombudsman Scheme, you should complete a self-assessment against the new Housing Ombudsman Complaint Handling Code as soon as possible. The outcomes of the self- assessment should be reported to trustees. A template self-assessment form can be found on the Housing Ombudsman website at:
https://www.housing-ombudsman.org.uk/landlords-info/complaint-handling-code/.
Once your charity has completed its self-assessment, the trustees should implement a new complaints procedure taking into account any deficiencies noted in the self-assessment.
Click here for a Complaints Handling Flowchart
Useful Links
Complaint Handling Code FULL – https://www.housing-ombudsman.org.uk/wp-content/uploads/2020/11/Complaint-Handling-Code.pdf
Housing Ombudsman Scheme – https://www.housing-ombudsman.org.uk/wp-content/uploads/2020/04/Housing-Ombudsman-Scheme-final-version-for-publication-Sep.pdf
Posted April 21