Section 1 - Definition of a complaint
Mandatory ‘must’ requirements
Code section 1.2
Code requirement
A complaint must be defined 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.
Comply
Yes
Evidence, commentary and any explanations
The above definiition of a complaint has been included in our Housing service complaints policy in relation to the Housing Service. It was reviewed and agreed in April 2022 and has been placed on the our website.
Code section 1.3
Code requirement
The resident does not have to use the word ‘complaint’ for it to be treated as such.
A complaint that is submitted via a third party or representative must still be handled in line with the landlord’s complaints policy.
Comply
Yes
Evidence, commentary and any explanations
This is included in point 3.2 of the Housing service complaints policy.
Code section 1.6
Code requirement
… if further enquiries are needed to resolve the matter, or if the resident requests it, the issue must be logged as a complaint.
Comply
Yes.
Evidence, commentary and any explanations
This is standard complaint handler practice.
Code section 1.7
Code requirement
A landlord must accept a complaint unless there is a valid reason not to do so.
Comply
Yes.
Evidence, commentary and any explanations
Refer to point 1.3 of the Housing service complaints policy. it is also referenced in our Corporate Complaints page as it includes other examples where a complaint will not be accepted:
- you have left it more than 12 months since knowing about the problem
- you have, or had, a right to appeal or take legal action. This might be to:
- a tribunal (such as the Housing Benefit Appeals Service)
- a government minister (such as a planning appeal)
- the courts.
- it is about personnel matters (such as your employment or disciplinary issues).
Our Management of unreasonable customer behaviour page gives further details on valid reasons for not accepting a complaint involving unreasonable behaviour.
We plan to review the existing Housing service complaints policy to reference the above point and then provide a link here to the reviewed policy.
Code section 1.8
Code requirement
A complaints policy must clearly set out the circumstances in which a matter will not be considered, and these circumstances should be fair and reasonable to residents.
Comply
Yes.
Evidence, commentary and any explanations
Refer to code section 1.7 above.
Code section 1.9
Code requirement
If a landlord decides not to accept a complaint, a detailed explanation must be provided to the resident setting out the reasons why the matter is not suitable for the complaints process and the right to take that
decision to the Ombudsman.
Comply
No.
Evidence, commentary and any explanations
Not stated in the Housing service complaints policy. Communication of such a decision would state the reasons with reference to the detail outlined in 1.7 above.
Best practice ‘should’ requirements
Code section 1.4
Code requirement
Landlords should recognise the difference between a service request, where a resident may be unhappy with a situation that they wish to have rectified, and a complaint about the service they have/have not received.
Comply
Yes.
Evidence, commentary and any explanations
Set out in point 2.1 in the Housing service complaints policy.
Code section 1.5
Code requirement
Survey feedback may not necessarily need to be treated as a complaint, though, where possible, the person completing the survey should be made aware of how they can pursue their dissatisfaction as a complaint if they wish to.
Comply
No.
Evidence, commentary and any explanations
Statement to be included in the next tenant and leaseholder survey.