Complaints handling process - detailed
5. Stage 1
5.1 A complaint must be raised when a resident expresses dissatisfaction with the response to their service request, even if the handling of the service request remains ongoing. The Landlord will not stop its efforts to address a service request if a resident complains. Complaints can be received in a variety of forms – by letter, email, over the phone, online form and in person. Where complaints are taken over the phone or in person then the person taking the complaint will record the name and contact details of the complainant, their preferred method of contact and the detail of their complaint. We will look at resolving the complaint promptly with an explanation, apology or resolution provided where appropriate.
5.2 Stage 1 complaints will be acknowledged, defined and logged within 5 working days of the complaint being received. We will confirm the subject of the complaint to ensure we are investigating the right issue(s) including the Landlord’s understanding of the complaint, the outcomes the resident is seeking, which aspects of the complaint the Landlord is and is not responsible for and clarify any areas where this is not clear. A full response will be issued within 10 workings days of the complaint being acknowledged.
5.3 If an extension on this timescale is required due to the complexity of the complaint then you, the resident, will be informed of the expected timescale for response. Any extension will be no more than 10 extra working days without good reason and that reason will be clearly explained. Where a response to a complaint will fall outside of the timescales provided by the Code, the landlord will agree with the resident suitable intervals for keeping them informed about their complaint where required. When you, the resident, are informed of an extension you will also be provided with the contact details of the Housing Ombudsman.
5.4 If additional complaints are raised during the investigation, these will be incorporated into the Stage 1 response if they are related and the response has not yet been issued. Where the Stage 1 response has been issued, the new issues are unrelated to the issues already being investigated or it would unreasonably delay the response, the new issues will be logged as a new complaint in accordance with the Housing Ombudsman Complaints Handling Code.
5.5 The response to Stage 1 will address all the points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate. The response will confirm the following in writing to you, the resident, at the completion of Stage 1 in clear, plain language:
- The complaint stage;
- The complaint definition;
- The decision of the complaint;
- The reasons for any decision made;
- The details of any remedy offered to put things right;
- Details of any outstanding actions; and
- Details of how to escalate the matter to stage 2 if you are not satisfied with the response.
5.6 Where there are multiple actions a response will be provided to the resident when the answer is known not when all outstanding actions are completed and updates will be provided to the resident on outstanding actions.
6. Stage 2
6.1 If all or part of your complaint is not resolved to your satisfaction at Stage 1 you can request that it your complaint be progressed to Stage 2. The Stage 2 response will be our final response. Your request for Stage 2 will be acknowledged, defined and logged within 5 working days of receipt of your request. We will confirm the Landlord’s understanding of the complaint, the outcomes the resident is seeking, which aspects of the complaint the Landlord is and is not responsible for and clarify any areas where this is not clear.
6.2 You are not required to explain your reasons for requesting Stage 2 consideration but we, the Landlord, will make reasonable efforts to understand why you remain unhappy. The investigating officer for Stage 2 will not be the same person who considered your Stage 1 complaint.
6.3 We will issue a final response to Stage 2 within 20 working days of the escalation request being acknowledged. If an extension is required due to the complexity of the complaint you will be informed of the expected timescale for a response. Any extension will be no more than 20 working days without good reason and the reason(s) for the extension will be clearly explained. Where a response to a complaint will fall outside of the timescales provided by the Code, the landlord will agree with the resident suitable intervals for keeping them informed about their complaint where required. If we inform you of an extension we will also provide you with the contact details of the Housing Ombudsman.
6.4 The response will be provided when the answer to the complaint is known and not when the outstanding actions are completed. Outstanding actions will still be tracked and actioned promptly with appropriate updates provided to you, the resident. We will address all points raised in the defined complaint providing clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
6.5 We will confirm in writing the following at the completion of Stage 2:
- The complaint stage;
- The complaint definition;
- The decision of the complaint;
- The reasons for any decision made;
- The details of any remedy offered to put things right;
- Details of any outstanding actions; and
- Details of how to escalate the matter to the Housing Ombudsman if you are not satisfied with the response.
7. Putting things right
7.1 If something has gone wrong we will acknowledge it and set out any actions we have already taken, or intend to take, to put things right.
These can include:
- Apologising;
- Acknowledging where things have gone wrong;
- Providing an explanation, assistance or reasons;
- Taking action if there has been a delay;
- Reconsidering or changing a decision;
- Amending a record or adding a correction or addendum;
- Providing a financial remedy; and
- Changing policies, procedures or practices.
7.2 We will take into account the guidance issued by the Housing Ombudsman when deciding on any appropriate remedy. The remedy will reflect the impact on the resident as a result of any fault identified. The remedy will clearly set out what will happen and by when with agreement with the resident.
8. Housing Ombudsman Service
8.1 The Housing Ombudsman can independently review a complaint from a resident if it has been through the full Hartlepool Borough Council Housing Management Service Complaints Procedure (Stages 1 and 2). The Housing Ombudsman is an independent body set up by law to review housing complaints. Throughout the process all complainants will be told of their right to contact the Housing Ombudsman Service if they are still not satisfied and will be provided with contact details. (www.housing-ombudsman.org.uk)
9. Other information
Collective complaints
9.1 Where appropriate complaints made by a number of individuals on the same subject will be dealt with as one investigation. It may be appropriate for each complainant to receive a response directly unless a representative has been nominated on behalf of the individuals.
Withdrawing a complaint
9.2 You may withdraw your complaint at any time by contacting the Housing Management Service and letting them know. Consideration will be given as to whether the concerns raised still need to be fully investigated, for instance if there were safeguarding concerns relating to you or other individuals.
Anonymous complaints
9.3 All anonymous complaints i.e. where an individual does not provide their name or contact details will be reviewed and investigated where appropriate, however it will not be possible to provide a response. If an anonymous complaint does not provide enough information to enable the Council to investigate or take further action, then the Council will not be able to investigate.
Social media
9.4 In line with Council procedure, the Housing Management Service will not respond formally to complaints which have been uploaded to any social media platform. Please use the contact details outlined above.
Managing unreasonable behaviour
9.5 In general, dealing with a complaint is a straightforward process but in a minority of cases people pursue their complaints in a way that can impede the investigation of their complaint or can have significant resource implications for the Landlord. A separate Corporate Managing Unreasonable Customer Behaviour policy is in place for the Council to deal with the very small number of complainants whose frequency of contact with the Council, unreasonable, unreasonably persistent or unacceptable behaviour makes it necessary for special measures to be taken. Although the Council may take steps to restrict a resident’s contact with the Landlord in line with the Managing Unreasonable Customer Behaviour policy, housing-related complaints made by the resident will be handled in line with this complaints policy.
9.6 Before implementing any of the provisions set out in the Unreasonable Customer Behaviour policy, officers must consider whether Hartlepool Borough Council Housing Management Service’s procedures including this Housing Management Complaints Policy have been followed correctly, whether full and reasonable responses have already been given and whether the complainant is now inappropriately persistent or behaving unreasonably.
Privacy information and Data Protection
9.7 All personal information collected is for the purpose of responding to customer feedback and complaints and will only be shared with relevant service areas of the Council or third parties where the law enables the Council to do so (e.g. MPs or councillors). For more information about how the Council processes your personal data please visit: Access to information
Confidentiality
9.8 The Housing Management Service will consider the importance of confidentiality when handling customer feedback and complaints. However to enable a complaint investigation to be undertaken, personal information will be shared with the investigating officer and on occasions other officers where necessary. Personal information will not be shared with anyone unnecessarily and will be handled in line with data protection legislation.
Self-assessment, reporting and compliance
9.9 We will produce an annual self-assessment against the Housing Ombudsman Code, which will contain an analysis of the complaints received and the outcomes. It will also highlight any service improvements made as a result of learning from the complaints as well as any findings of non-compliance with the Code by the Housing Ombudsman. The annual self-assessment, annual Complaints Performance and Service Improvement Report and our governing body’s response will be published on our website alongside this policy.
Scrutiny and oversight: continuous learning and improvement
9.10 As a Landlord we will look beyond the circumstances of an individual complaint and consider where service improvements can be made for all residents as a result of finding fault. Any wider learning and improvements will be reported to stakeholders where required.
9.11 The Assistant Director for Neighbourhood Services is accountable for complaint handling with regards to the Housing Management Service and the Chair of Finance and Corporate Affairs Committee has lead responsibility for complaints to support a positive complaints handling culture in the Housing Management Service. This elected member will be known as Member Responsible for Complaints – MRC. The MRC and the Finance and Corporate Affairs Committee will review as a minimum:
- updates on the volume, categories and outcome of complaints, alongside complaint performance;
- issues and trends arising from complaint handling;
- updates on Housing Ombudsman investigation and compliance; and
- the annual complaints performance and service improvement report.
Review of policy
9.12 This policy will be reviewed annually as part of the annual self-assessment against the Housing Ombudsman Complaint Handling Code as required by the Housing Ombudsman.