‘ Let’s Resolve Complaints ’ Facilitators : Val Theadom & John Goodwin

1. ‘Let’s Resolve Complaints’ Facilitators: Val Theadom & John Goodwin

2. Our role Set out in the Housing Act 1996 and the Housing Ombudsman Scheme approved by the Secretary of State. Remit extended by the Localism Act 2011 to local authority landlord functions from April 2013 The role of the Ombudsman is to: • resolve disputesinvolving members of the Scheme, including making awards of compensation or other remedies when appropriate, as well as to • support effective landlord-tenant dispute resolution by others. 

3. Our vision Housing Matters, Fairness Matters • Everyone’s home is a personal, private space, which is central to every aspect of our lives. Housing complaints are unique. Problems relating to our homes can have a huge emotional impact, as they affect us and our families every day. Landlords and residents have an ongoing relationship. • Fair, impartial and effective complaint resolution recognises the importance of people’s homes, treating individuals with dignity and respect. We aim to ensure that issues are resolved at the earliest opportunity; this builds trust and confidence, preventing issues escalating and relationships souring. • Information from complaints can be extremely valuable feedback and learning from the outcome of complaints helps businesses to thrive. • We ensure the fair resolution of housing complaints, locally if possible. We put things right and encourage learning from outcomes. We role model the service we expect from others.

4. Our Jurisdiction • The Scheme sets out our jurisdiction. It covers: • Around 2,500 mandatory member landlords (HAs & LAs). Plus 82 voluntary member private landlords • 6 million + households • Tenants, leaseholders and some applicants BUT a number of exceptions, including... • Issues not connected to a person’s tenancy/lease • Complaints not brought within 12 months • Issues subject to court proceedings • Etc... (see para. 23 of the Scheme for full list)

5. The Complaints Process • First go through landlord’s internal complaints procedure • During and after the ICP we may encourage ‘local resolution’ of the complaint • When the landlord’s ICP is ‘exhausted’, the complaint can be brought to the Ombudsman: • by referral from a ‘designated person’ • or directly by the tenant – 8 weeks after ICP exhausted • If local resolution is not possible, we may investigate and • find ‘no maladministration’, service failure or maladministration. Make orders and recommendations • We seek service improvement & learning from complaints

6. Our dispute resolution process • Our approach is to resolve complaints early wherever possible • We facilitate local resolution – including a new early resolution procedure • Where local resolution is not possible, we can investigate and make decisions, orders and recommendations (once the landlords complaints procedure is exhausted)

7. Case study: Repair appointments • Her council charged Ms Hurst £10 for a missed repair appointment and said it would charge for any future appointments if she was not at home. • Ms H complained that she was at home and the council had no evidence that she had missed the appointment. • Ms H contacted HOS while she was taking her complaint through the landlord’s complaints procedure. We encouraged local resolution and suggested issues that the council may wish to reconsider. • As a result, the council revisited the information provided by its contractor, withdrew the charge and apologised to Ms H.

8. Case study Repair appointments Lessons learnt: • Keep communicating with the complainant with a view to resolving the complaint at the earliest opportunity. • Consider the circumstances of an individual case, rather than a ‘tick box’ approach to the policy. • Take ownership of the complaint. Information from third parties (contractors, insurers, doctors etc.) is important, but the decision is ultimately one for the landlord. • Where necessary - apologise and put things right (as the council did in Ms H’s case). Co-operation rather than conflict.

9. Case study – noise nuisance • Mr Peters complained to her Housing Association about noise from the upstairs neighbour. The neighbour had children and said it was normal household noise. • The HA wrote to and visited the neighbour, and measured the noise - but said there was not enough evidence to take further action. Mr P made a formal complaint to the HA and contacted HOS. • We asked the HA to consider other options within its ASB policy (e.g. mediation), and to act on its Tenancy Agreement (which required carpeting). As a result the HA offered mediation (which was partly successful) and the neighbour layed carpets, which improved the situation.

10. Case study – noise nuisance Lessons learnt • Finding a resolution is often more effective than enforcement action – particularly in some neighbour disputes. • The landlord should have considered all the options in its ASB policy, not just some. • Communicate with both parties – give them a chance to put their own point of view rather than assuming one is the guilty party.

11. Dispute resolution principles • Be fair - treat people fairly and follow fair processes • Put things right – as far as possible • Learn from outcomes – and make changes that improve services • Free DRP E-Learning

12. How best to resolve – what is your own experience? • Have you been involved in a complaint (housing or non-housing) that was successfully resolved? • What helped to achieve resolution? • Were the Dispute Resolution Principles applied? • Be Fair • Put things right • Learn from Outcomes

13. Our performance 2015/16 • 976 cases within our formal remit determined in 2015/16 compared to 579 the previous year (within jurisdiction). • Substantial reduction in number of cases over 12 months – as at 31 March 2016 all but 9 cases over 12 months old had been determined. • In 2016/17 our target is to resolve 95% of cases within our formal remit within 12 months

14. Complaintsandenquiries

15. Formal determinations

16. What are complaints about?

17. Property condition

20. Contact us John Goodwin - Adjudicator Val Theadom - Sector Development Manager Telephone – 0303 111 3000 Email: info@housing-ombudsman.org.uk www.housing-ombudsman.org.uk