Section 2 - Exclusions
Code provision 2.1
Code requirement
Landlords must accept a complaint unless there is a valid reason not to do so. If landlords decide not to accept a complaint, they must be able to evidence their reasoning. Each complaint must be considered on its own merits
Comply
Yes.
Evidence
Housing service complaints policy.
Section 5 of the Housing Service Complaints Policy advises of complaints that fall outside of this policy.
However, Section 5.3 and 5.4 of the Housing Service Complaints Policy states:
If there is any doubt about whether the complaint should be accepted, the customer should be advised to submit the complaint to the Council for consideration.
If the Council receives a complaint and decides not to accept it, the complainant should be told why and, where possible, an alternative route should be suggested.
Commentary / explanation
The Housing Service Complaints Policy states clearly what type of complaints will not be considered under the policy however if the customer is unsure, they are advised to submit it for consideration. If we decide not to accept it, we will advise why, and where possible, an alternative route will be suggested.
Code provision 2.2
Code requirement
A complaints policy must set out the circumstances in which a matter will not be considered as a complaint or escalated, and these circumstances must be fair and reasonable to 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 the Claim Form and Particulars of Claim, having been filed at court.
Matters that have previously been considered under the complaints policy.
Comply
Yes.
Evidence
Housing service complaints policy.
Section 5 and 6 of the Housing Service Complaints policy states:
Complaints That fall outside the Tenant & Leaseholder Complaints Policy.
Even though you may want to use the complaint’s process, many of our services have an alternative formal review, appeal, challenge process or procedure that must be followed.
This includes, not exclusively: First time service requests (see 4, what is a service request) In these cases, the formal complaint’s process cannot be used, below are some examples, please note that this is not an exhaustive list:
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Code of Conduct of Elected Members (Councillor’s). The Monitoring Officer is responsible for considering complaints that a Councillor may have breached the Code of Conduct for Councillor’s
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Parking Charge Notices PCN (fines)
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education complaints Schools’ admissions and exclusions appeals. It is a legal requirement for every school in the country to have a complaints policy and they should be accessible on their website or on request from the school office. In the first instance you should follow that policy
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Housing Benefit calculation
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planning decisions
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all formal planning decisions are no longer eligible to be considered under the formal corporate complaints process as under the law we are unable to alter these
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there is a separate appeal process for rejected planning applications
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Special Education Needs Tribunals
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Council Tax banding decisions
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a complaint has already been considered by the Council and completed both stages of the corporate complaint’s procedure
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refusals to disclose information under the Data Protection Act (DPA)
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Representations from Trade Unions
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complaints about suitability of interim housing
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complaints about suitability of temporary accommodation and s.184 decisions (s.202 review). Disputes about the findings of s.202 review
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decisions about housing priority band. Housing medical decisions
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outcome of statutory enforcement action
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complaints from landlords about dilapidations in Private Sector Leased properties
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matters of law or central government policy
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Service Charges or Major Work Invoices Where an issue is not upheld through the above processes, it is not uncommon for us to then receive a corporate complaint regarding the same or related issue. In these circumstances we are sorry, but the complaint will not be accepted
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complaints from staff about personnel matters, including appointments, dismissals, pay, pensions and disciplinary action
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complaints about a registered housing provider
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requests for information (these are dealt with under separate procedures: the Freedom of Information Act – and Subject Access Requests)
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complaints about the merits of an insurance claim or matters that would be more appropriately considered by an insurer • Complaints where the customer or the council has started (not threatened) legal proceedings
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complaints under statutory obligations
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complaints already been decided by a court or independent tribunal
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complaints that are criticisms or disagreement with council policy or decisions
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complaints that are submitted anonymously (although we may still investigate the issue) where the council has no power or duty to provide service
5.3 If there is any doubt about whether the complaint should be accepted, the customer should be advised to submit the complaint to the council for consideration.
5.4 If the council receives a complaint and decides not to accept it on the above grounds, the complainant should be told why and, where possible, an alternative route should be suggested.
Section 6 .1 We will not normally consider a complaint that is made more than 12 months after the individual first became aware of the issue they want to complain about, as it is far easier to find out what happened and to put things right if complaints are received at the time.
6.2 However, if there are exceptional circumstances (illness, changes in personal circumstances) provided by the complainant for the delay in submitting the complaint, the council may make a discretionary decision to consider the complaint providing the circumstances are evidenced. If the council receives a complaint and decides not to accept it on the above grounds the customer should be told why.
Commentary / explanation
The Housing Service Complaints Policy was reviewed in March 2025 and has provided clear guidance of what will be excluded as part of the Policy.
Code provision 2.3
Code requirement
Landlords must accept complaints referred to them within 12 months of the issue occurring or the resident becoming aware of the issue, unless they are excluded on other grounds. Landlords must consider whether to apply discretion to accept complaints made outside this time limit where there are good reasons to do so.
Comply
Yes.
Evidence
Housing service complaints policy.
Section 6 of the housing Service Complaints Policy states We will not normally consider a complaint that is made more than 12 months after the individual first became aware of the issue they want to complain about, as it is far easier to find out what happened and to put things right if complaints are received at the time.
However, if there are exceptional circumstances (illness, changes in personal circumstances) provided by the complainant for the delay in submitting the complaint, the Council may make a discretionary decision to consider the complaint providing the circumstances are evidenced. If the Council receives a complaint and decides not to accept it on the above grounds the customer should be told why.
Commentary / explanation
This is included in section 6 of the Housing Service Complaints Policy.
Code provision 2.4
Code requirement
If a landlord decides not to accept a complaint, an 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. If the Ombudsman does not agree that the exclusion has been fairly applied, the Ombudsman may tell the landlord to take on the complaint.
Comply
Yes.
Evidence
Housing service complaints policy.
Section 5 of the Housing Service Complaints Policy states: Complaints That fall outside the Tenant & Leaseholder Complaints Policy. Even though you may want to use the complaint’s process, many of our services have an alternative formal review, appeal, challenge process or procedure that must be followed.
Section 5.3 and 5.4 of the Housing Service Complaints Policy states
If there is any doubt about whether the complaint should be accepted, the customer should be advised to submit the complaint to the Council for consideration.
If the Council receives a complaint and decides not to accept it, the complainant should be told why and, where possible, an alternative route should be suggested.
Commentary / explanation
Noted.
Code provision 2.5
Code requirement
Landlords must not take a blanket approach to excluding complaints; they must consider the individual circumstances of each complaint.
Comply
Yes.
Evidence
Housing service complaints policy.
Section 5.3 and 5.4 of the Housing Service Complaints Policy states If there is any doubt about whether the complaint should be accepted, the customer should be advised to submit the complaint to the Council for consideration.
If the Council receives a complaint and decides not to accept it, the complainant should be told why and, where possible, an alternative route should be suggested.
Commentary / explanation
This is included in Section 5 of the Housing Service Complaints Policy.