1.1 Hartlepool Borough Council Housing Management Service, known as the Landlord throughout this policy, aims to provide high-quality housing management services that meet the needs of local people. We want to make our service as efficient and effective as possible. To do this we need to know whether we are getting it right and how we can improve our service.
1.2 In response we promise to listen carefully to what people have to say and respond promptly to their comments and complaints. Any information that is provided will be treated confidentially. We aim to deal with any complaints impartially, objectively and professionally. Making a complaint will not affect the treatment or services that individuals or their family receive.
1.3 This policy has been developed in line with the statutory requirements of the Housing Ombudsman Complaint Handling Code.
1.4 Hartlepool Borough Council Housing Management Service defines a complaint as…
…an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the Landlord, its own staff, or those acting on its behalf, affecting a resident or group of residents.
An individual does not have to use the word ‘complaint’ for it to be treated as such.
1.5 The Landlord and the resident must recognise the difference between a service request and a complaint. A service request is a request from a resident that requires an action to be taken to put something right. A service request is not a complaint but will be recorded, monitored and reviewed regularly. If a complainant still remains dissatisfied after highlighting a service request the resident will be given the choice whether to make a complaint or not. A complaint can be raised 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.
1.6 Complaints can be made through this policy by:
- a person or persons who are or have been in a landlord/tenant relationship with the Hartlepool Borough Council Housing Management Service; or
- someone who has applied for a property owned by the Hartlepool Borough Council Housing Management Service (other than statutory allocations and applications for assistance from people who are homeless or threatened).
2. Exclusions
2.1 We, as the Landlord, will accept a complaint unless there is a valid reason not to do so. If we decide not to accept a complaint we will set out the reasons why and provide evidence to support our decision. Each complaint will be considered on its own merits.
2.2 This policy sets out the circumstances in which a matter will not be considered a complaint and these circumstances will be fair and reasonable to all residents. Acceptable exclusions include:
- The issue giving rise to the complaint occurred over twelve months ago.
- Legal proceedings have started. This is defined as details of the claim such as a claim form and Particulars of Claim, have been filed at court.
- Matters that have previously been considered under the complaints policy.
- If the complaint refers to a service not provided by Hartlepool Borough Council Housing Management Service.
2.3 We will accept a complaint that has been referred within 12 months of the issue occurring or the resident being aware, unless it is excluded on other grounds. As a Landlord we will consider whether to apply discretion to accept complaints made outside this time limit where there is a good reason to do so.
2.4 If we decide not to accept a complaint we will provide an explanation to the resident setting out the reasons why the matter is not suitable for the complaints process along with the resident’s right to take that decision to the Housing Ombudsman. If then the Housing Ombudsman does not agree that the exclusion has been fairly applied, the Housing Ombudsman may tell us, the Landlord, to take on the complaint.
2.5 We will not take a blanket approach to excluding complaints, we will consider the individual circumstances of each complaint.
3. Confidentiality and privacy
3.1 Information will only be shared as outlined in accordance with the Data Protection Act 2018 and GDPR. We will keep a full record of the complaint, any review and the outcome at each stage, including all documents, relevant correspondence with the complainant or their representative and other parties, surveys and report.
4. Accessibility and awareness
4.1 At the outset and at every stage of the complaints process we will provide clear guidance as to who will be responding to a resident’s complaint, including how to escalate if the resident is dissatisfied with the response.
4.2 As the Landlord we will provide different channels through which a resident can make a complaint. We have considered our duties under the Equality Act 2010 and will anticipate the needs and reasonable adjustments required by residents who may need to access the complaints process. The complaints policy is publicised online and details of the policy are shared with residents during home inspection visits and via surveys, newsletters and email communications.
4.3 Residents can raise their complaint in a number of ways:
- by completing a complaints form;
- in writing a letter or by email; or
- over the telephone or in person to any member of staff to be redirected to the Housing Management Service.
4.4 Residents have the opportunity to have a representative to deal with their complaint on their behalf. This could be an advocate, a Councillor or Member of Parliament or a family member or friend. We will need to confirm, in writing, that this person has the authority and consent to represent you. This is because providing a response to the complaint may involve disclosing personal information relating to the resident and Hartlepool Borough Council need to ensure that the rights of the individual are protected.
4.5 At any point of the complaints process the resident is entitled to engage with the Housing Ombudsman about their complaint and the contact details are:
Housing Ombudsman Service
PO Box 1484
Unit D
Preston
PR2 0ET
Online form: Housing ombudsman | Bring your complaint to the housing ombudsman
Email: info@housing-ombudsman.org.uk
Phone: 0300 111 3000