Section 5 - Complaint stages - Stage 1
Mandatory ‘must’ requirements
Code section 5.1
Code requirement
Landlords must respond to the complaint within 10 working days of the complaint being logged. Exceptionally, landlords may provide an explanation to the resident containing a clear timeframe for when the response will be received. This should not exceed a further 10 days without good reason.
Comply
Yes.
Evidence, commentary and any explanations
This is stated in the Housing service complaints policy.
Code section 5.5
Code requirement
A complaint response must be sent to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue, are completed. Outstanding actions must still be tracked and actioned expeditiously with regular updates provided to the resident.
Comply
Yes.
Evidence, commentary and any explanations
Officers are expected to track all actions to resolution.
Code section 5.6
Code requirement
Landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
Comply
Yes.
Evidence, commentary and any explanations
- Stage 1 of the complaints process is stated in point 6 of the Housing service complaints policy.
- Stage 2 of the complaints process is stated in point 7 of the Housing service complaints policy.
Code section 5.8
Code requirement
Landlords must confirm the following in writing to the resident at the completion of stage one in clear, plain language:
- the complaint stage
- the decision on the complaint
- the reasons for any decisions made
- the details of any remedy offered to put things right
- details of any outstanding actions
- details of how to escalate the matter to stage two if the resident is not satisfied with the answer.
Comply
Yes.
Evidence, commentary and any explanations
This is standard practice in dealing with Stage 1 and Stage 2 responses.
Best practice ‘should’ requirements
Code section 5.2
Code requirement
If an extension beyond 20 working days is required to enable the landlord to respond to the complaint fully, this should be agreed by both parties.
Comply
Yes.
Evidence, commentary and any explanations
The complaint handler would advise complainants that should an extension be needed this will be agreed with the complainant.
Code section 5.3
Code requirement
Where agreement over an extension period cannot be reached, landlords should provide the Housing Ombudsman’s contact details so the resident can challenge the landlord’s plan for responding and/or the proposed timeliness of a landlord’s response.
Comply
Yes.
Evidence, commentary and any explanations
If there is no agreement the complaint handler would provide housing ombudsman details.
Code section 5.4
Code requirement
Where the problem is a recurring issue, the landlord should consider any older reports as part of the background to the complaint if this will help to resolve the issue for the resident.
Comply
Yes.
Evidence, commentary and any explanations
Officers are expected to review earlier reports as part of the background investigation.
Code section 5.7
Code requirement
Where residents raise additional complaints during the investigation, these should be incorporated into the stage one response if they are relevant and the stage one response has not been issued. Where the stage one response has been issued, or it would unreasonably delay the response, the complaint should be logged as a new complaint.
Comply
Yes.
Evidence, commentary and any explanations
Where additional complaints arise, the complaint handler will consider how best to deal with them and determine whether to incorporate into the existing complaint or log as a new complaint.