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.
1.3 This policy does not apply to members’ enquiries or complaints raised by locally elected Councillors or the MP. Complaints and enquiries raised by members will be managed in line with the Corporate Complaints Policy.
Commentary / explanation
This is set out in 1.3 of the Housing Service Complaints Policy.
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
No.
Evidence
Section 6.2 of policy gives a general statement which needs to be expanded.
Commentary / explanation
The Housing Service Complaints Policy will be reviewed, and we will expand on the reasons on which a matter will not be considered as a complaint. A task and finish group has been created to review the policy which will be reviewed by March 2025.
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
No.
Evidence
Not stated in the Policy.
Commentary / explanation
The Housing Service Complaints Policy will be reviewed and include this in the policy by March 2025.
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
No.
Evidence
The Policy does not state this.
Commentary / explanation
The Housing Service Complaints Policy will be reviewed and include this in the policy by March 2025.
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
No.
Evidence
This is not stated in the Policy.
Commentary / explanation
The Housing Service Complaints Policy will be reviewed and include this in the policy by March 2025 alongside documented procedure.