Housing Ombudsman Complaint Handling Code - self assessment 2024

Section 6 - Complaint stages - Stage 2

Code provision 6.10

Code requirement

If all or part of the complaint is not resolved to the resident’s satisfaction at stage 1, it must be progressed to stage 2 of the landlord’s procedure. Stage 2 is the landlord’s final response.

Comply

No.

Evidence

The policy does not clearly state this.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.

Code provision 6.11

Code requirement

Requests for stage 2 must be acknowledged, defined and logged at stage 2 of the complaint's procedure within five working days of the escalation request being received.

Comply

No.

Evidence

This is not stipulated in our policy / procedure.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.

Code provision 6.12

Code requirement

Residents must not be required to explain their reasons for requesting a stage 2 consideration. Landlords are expected to make reasonable efforts to understand why a resident remains unhappy as part of its stage 2 response.

Comply

No.

Evidence

This is not clearly set out in our policy/procedures.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.

Code provision 6.13

Code requirement

The person considering the complaint at stage 2 must not be the same person that considered the complaint at stage 1.

Comply

Yes.

Evidence

Housing service complaints policy.

There is an escalation detailed in the policy who will investigate / review stage 1 and stage 2.

5. Stage 1 Complaints.

5.1 An Operational Manager (e.g., Tenancy Team Leader level) or an appropriate, designated, officer will be responsible for investigating the complaint at Stage 1 of the process. They will produce background information for the relevant Service Manager (e.g., Neighbourhood Manager level) to use when they respond to the complainant at Stage 1. The Service Manager will be responsible for ensuring that responses are comprehensive, cover all the points raised by the resident and comply with this policy. A response must be sent to the complainant within 10 days of receipt.

6. Stage 2 management review.

6.1 All requests to escalate a complaint to Stage 2 will be sent to the appropriate Group Manager setting out:

  • the reason for the request to escalate 
  • the Stage 1 complaint and the response.

Requests to escalate to Stage 2 must be received (date sent via email or date of postmark if hard copy) within 1 calendar month of the date the Stage 1 response was sent. Requests received outside of this timescale will only be reviewed at the discretion of the relevant Group Manager.

Commentary / explanation

5.1 and 6.1 of the Housing Service Complaints Policy sets this out.

Code provision 6.14

Code requirement

Landlords must issue a final response to the stage 2 within 20 working days of the complaint being acknowledged.

Comply

Yes.

Evidence

Housing service complaints policy.

3.5 A two stage complaints process will be used to manage and respond to complaints.

All complaints will be acknowledged within 2 working days of receipt and:

  • responded to within 10 working days at Stage 1 of the process
  • reviewed and responded to within 20 working days at Stage 2 of the process.

Commentary / explanation

This is set out in the Housing Service Complaints Policy.

Code provision 6.15

Code requirement

Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 20 working days without good reason, and the reason(s) must be clearly explained to the resident.

Comply

No.

Evidence

This is not clearly set out in the policy.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.

Code provision 6.16

Code requirement

When an organisation informs a resident about an extension to these timescales, they must be provided with the contact details of the Ombudsman.

Comply

No.

Evidence

This is not clearly set out in the policy.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.

Code provision 6.17

Code requirement

A complaint response must be provided 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 promptly with appropriate updates provided to the resident.

Comply

Yes.

Evidence

Housing service complaints policy.

5.2 Responses to complaints at Stage 1 will include:

  • confirmation of the complaint stage
  • the description of the complaint, including all points to be investigated and addressed
  • the outcome of the complaint
  • the reasons for any decisions made • Details of any remedies offered to put things right
  • details of any outstanding actions and a timeframe for addressing these
  • details of how to escalate the matter if dissatisfied (to the Group Manager)
  • details of how to contact the Housing Ombudsman service should the complainant wish to do so.

7.3 The Group Manager will respond, in full, to the complainant within 20 working days of receiving the request to escalate the complaint to Stage 2. The response will set out:

  • the description of the complaint, including all points to be investigated and addressed
  • the outcome of the review
  • the reasons for any decisions made
  • details of any remedies offered to put things right
  • details of any outstanding actions and a reasonable timeframe to resolve these
  • details of how to contact the Housing Ombudsman service should the complainant wish to do so
  • confirmation that the complaint has now reached the end of the Council’s complaints procedure and will be closed
  • an explanation about why they are, or are not, referring the complaint to the Resident Complaints Panel.

Commentary / explanation

5.2 and 7.3 of the Housing Service Complaints Policy sets this out.

Code provision 6.18

Code requirement

Landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.

Comply

No.

Evidence

This is not detailed in our Policy/ procedures.

Commentary / explanation

7.3 The Group Manager will respond, in full, to the complainant within 20 working days of receiving the request to escalate the complaint to Stage 2. The response will set out:

  • the description of the complaint, including all points to be investigated and addressed
  • the outcome of the review
  • the reasons for any decisions made
  • details of any remedies offered to put things right
  • details of any outstanding actions and a reasonable timeframe to resolve these
  • details of how to contact the Housing Ombudsman service should the complainant wish to do so
  • confirmation that the complaint has now reached the end of the Council’s complaints procedure and will be closed.

Code provision 6.19

Code requirement

Landlords must confirm the following in writing to the resident at the completion of stage 2 in clear, plain language:

  1. the complaint stage
  2. the complaint definition
  3. the decision on the complaint
  4. the reasons for any decisions made
  5. the details of any remedy offered to put things right
  6. details of any outstanding actions; and
  7. details of how to escalate the matter to the Ombudsman Service if the individual remains dissatisfied.

Comply

No.

Evidence

Housing service complaints policy.

This is set in in 7.3 of the Policy.

7.3 The Group Manager will respond, in full, to the complainant within 20 working days of receiving the request to escalate the complaint to Stage 2. The response will set out:

  • the description of the complaint, including all points to be investigated and addressed
  • the outcome of the review
  • the reasons for any decisions made
  • details of any remedies offered to put things right
  • details of any outstanding actions and a reasonable timeframe to resolve these
  • details of how to contact the Housing Ombudsman service should the complainant wish to do so
  • confirmation that the complaint has now reached the end of the Council’s complaints procedure and will be closed.

Commentary / explanation

This is set out in the housing Service Complaints Policy. However, our template letters need to be updated to reflect this this will be included in the policy, procedures and process review to be undertaken by March 2025.

Code provision 6.20

Code requirement

Stage 2 is the landlord’s final response and must involve all suitable staff members needed to issue such a response.

Comply

No.

Evidence

The Policy/ procedures do not clearly state this.

Commentary / explanation

The Housing Service Complaints Policy, process and procedure will be reviewed and include this in the review which will be undertaken by March 2025.