1. Introduction
1.1The purpose of this policy is to set out how we, Fairhive Homes Limited, will respond to and manage complaints in a fair and consistent way.
1.2 Our aim will always be to resolve complaints as quickly as possible by taking an open, accountable and outcome focussed approach.
1.3 We recognise that all complaints represent an opportunity to rebuild trust with our tenants as well as providing us with opportunities to learn and make service improvements. The Performance Improvement Team reviews complaints and their responses to ensure they meet the requirements of the policy and procedure.
1.4 We also like to know when we have done something well and exceeded your expectations. Therefore we also monitor and respond to compliments that come into us.
2. Policy Statement
Definition of a complaint :
2.1 We adopt the Housing Ombudsman’s definition of a complaint as follows:
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.
Exclusion :
2.2 The following matters are not classed as complaints under this policy
- Reports of anti-social behaviour or harassment, which are covered by separate policies;
- A first time request for service e.g. a repair request;
- Survey feedback e.g. from information you provide from our nominated feedback provider;
- Complaints about services not authorised by us; Legal proceedings have started. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
2.3 We will only investigate complaints relating to our services that have been provided within the previous twelve months. However, we will review historical concerns if there is evidence of a recurring problem and will also take into consideration any circumstances that may have prevented a complaint from being raised earlier.
Scope of Policy:
2.4This policy extends to all of our customers including individuals (or their advocates), groups of people or organisations who pay for, receive services from or hold reasonable expectations of us as a service provider.
2.5 Members of the public may also complain if they are directly affected by something that we have done or are planning to do. Members of the public who do not meet the definition in 2.3 do not have an automatic right to access the Housing Ombudsman with their complaint. We will address and resolve their complaint to the best of our ability as outlined in the policy.
2.6 Former tenants who contact us within six months of their tenancy ending will also be able to raise complaints in line with this policy.
2.7 Complaints received via MPs or local councillors will be assessed in line with our definition of a complaint and dealt with accordingly. Whilst respecting the role played by MPs and local councillors, this will not lead to a complaint being ‘fast tracked’.
Complaint Process:
2.8 We will deal with each complaint case on its own merits and where necessary deal with the complaint under a different but relevant policy or procedure. We will make this clear to you following our initial assessment of the complaint.
2.9 Complaints can be made via telephone, email, our website or our social media channels. Full details are available within our Complaints Procedure and on our Website.
2.10 All complaints however made will be processed in line with this policy and the timeframes set out in our Complaints Procedure.
2.11 We will always aim to resolve any issues without needing to raise a formal complaint. However you will always have the right to enter your concerns into our formal process if that is your preferred option.
2.12 We set out clear timeframes for responding to complaints and how a complaint can be escalated.
2.13 We have a two stage complaint process:
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Officer Managing Complaint |
Timeline |
Next steps for complainant |
|
Stage 1 |
Complaints Officer and applicable Service Manager |
Decision - 10 working days from receipt of complaint* (Can be extended by a further 10 working days if warranted – complainants will be kept fully apprised of any extensions of time required) |
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Stage 2 |
Independent Review of complaint - Complaints Officer and applicable Assistant Director/Head of Service |
Decision – 20 working days from request to escalate* |
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At any point you can seek the support of a member of the Residents Complaint Review Group with your complaint by emailing the complaints inbox.
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3. Compliments
3.1 We accept the Cambridge Dictionary definition of a compliment: “a remark that expresses approval, admiration or respect”
Compliment Process
3.2 Compliments can be made via telephone, email, in writing or via our social media channels. Full details are available on our website.
3.3 When we receive a compliment, we acknowledge the same and inform the individual or team to whom it relates.
3.4 We monitor the volume of compliments received and report on it quarterly alongside our complaint reporting.
4. Unreasonable or Persistent Complainants
4.1 Should the behaviour of a complainant adversely affect our ability to adequately support other complaint investigations then such behaviour may be deemed as “unreasonable or persistent”. Whilst always a last resort, in a small number of such cases we may decide to restrict the complainant’s contact with us.
4.2 Such restrictions will require the approval of a Head of Service, Assistant Director or Executive Director and may include limiting contact to a specific member of staff and/or agreeing that communication is restricted to only one type such as phone, email or letter. (We will aim to agree an appropriate method with the complainant and confirm this formally in writing). Any such decisions will demonstrate regard for the Equalities Act.
4.3 We will still aim to resolve the complaint in line with our Complaints Procedure.
4.4 Additional information regarding this subject can be found in the “Unreasonable or Persistent Complainants” guidance document.
5. Housing Ombudsman Service (HOS)
5.1 Membership of the Housing Ombudsman Scheme is mandatory.
5.2 The purpose of the Scheme is to enable tenants and other individuals to have complaints about member landlords investigated by a Housing Ombudsman. The role of the Ombudsman is to resolve disputes involving members of the Scheme, including making awards of compensation or other remedies where appropriate, as well as to support effective landlord tenant dispute resolution by others.
5.3 As a condition of membership of the Scheme, Fairhive must:
- Agree to be bound by the terms of the Scheme
- Establish and maintain a complaints procedure in accordance with good practice recommended by the Ombudsman
- Inform residents of their right to bring complaints to the Ombudsman
- Publish their complaints procedure, and membership of the Scheme, and make information about both easily accessible to those entitled to complain
- Manage complaints from residents in accordance with their published procedures or, where this is not possible, within a reasonable timescale
- Respond promptly to information requests made by the Ombudsman.
5.4 At any point during the complaints process, tenants have the right to refer their complaint to the Housing Ombudsman without the need to exhaust the landlord’s complaints process.
5.5 The Complaint Handling Code sets out requirements for member landlords that will allow them to respond to complaints effectively and fairly. Some elements of the Code are prescriptive, whilst in some areas, landlords are able to use their discretion. The purpose of the Code is to enable landlords to resolve complaints by residents quickly and to use the learning from complaints to drive service improvements. It also aims to help create a positive complaint handling culture amongst staff and residents.
5.6 Landlords are required to self-assess against the Code annually. Non-compliance could result in the Ombudsman issuing a complaint handling failure order.
5.7 As a member of the HOS (as required by the Housing Act 1996 (amended by the Housing Regeneration Act 2008)) we will cooperate fully with the Ombudsman making all files and records available on request. Actions required as a result of any determinations will be overseen by either the Chief Executive or the relevant Director supported by Fairhive staff as required. We will ensure full compliance of the Ombudsman’s “Final Determination” barring any exceptional circumstances.
6. Monitoring
6.1 This policy will be reviewed every three years subject to significant changes in legislation, regulation or governance arrangements that require an immediate update. This policy is accessible to all of our tenants and stakeholders without exception.
6.2 Performance measures and targets have been developed to help determine the efficiency and effectiveness of our complaint service. Internal and external feedback will be used to obtain complaints performance information and identify progress and service improvements.These will be reported to senior management within the organisation and its Board.Performance on complaints handling will also be published on our website at least twice a year.
7. Impacts
Resident/Staff Implications -
All staff across the organisation are responsible for the implementation of this policy.
We will engage with the Residents’ Forum, the Housing Ombudsman and maintain relevant compliance under the current legislation. (See section 8)
Equality, Diversity & Inclusion -
This policy will conform to all Equality and Diversity legislation and requirements set out by the Group’s Equality and Diversity Policy.
Reasonable adjustments in line with the Equalities Act such as accessibility to discuss complaints with staff, allowing more time than we would usually for someone to provide information that we need and the provision of information in a different format e.g. large print, audio tape, an alternative language or where the services of a translator are required can be provided upon request.
Value for Money -
All complaint responses will be subject to review by the Performance Improvement Team who will ensure that potential opportunities for improvement are identified. Service Managers are responsible for developing and implementing improvement work discovered during a complaint investigation. We will publish learnings outcomes from complaints as part of our annual value for money resident report, on our website and in publications such as newsletters.
In certain cases there may be times when residents or customers may suffer some disadvantage or loss as a result of actions, error or mistakes made by us. In these instances compensation may be considered. (For more information please see our Compensation Policy.)
We will regularly review the cost and quality of the complaints handling service and seek efficiencies. To assist with this process we will obtain relevant benchmarking information provided by other housing providers.
Data Protection -
All due care is taken to protect data held by us and in particular, ensure we keep all Resident Data secure and meet with Data Protection requirements.
Accountability -
This policy has been revised following consultation with the Residents’ Forum.
Quality -
We look to ensure that our residents are safe in their home by supporting the provision of well-maintained homes which are in line with legislative and regulatory requirements.
When things go wrong -
Residents can communicate concerns through our formal channels as detailed in this document.
| Author |
Faziela Dharsey
|
|---|---|
| Job title | Performance Improvement Manager |
| Faziela.dharsey@fairhive.co.uk | |
| Date approved | November 2023 |
| Review due date | November 2026 |
