1.0 Policy Statement

1.1        United St Saviour’s Charity (USTSC) views complaints as an opportunity to learn and improve for the future, as well as a chance to put things right for the person that has made the complaint. This policy sets out United St Saviour’s Charity’s approach to managing complaints in the almshouses.

1.2        United St Saviour’s Charity are voluntary members of the Housing Ombudman Service and this policy is compliant with the Ombudsman’s Complaint Handling Code.

 

2.0 Definition of a complaint

2.1        Effective complaint handling enables residents to be heard and understood. The starting point for this is a shared understanding of what constitutes a complaint.

2.2        A complaint is defined as:

‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the landlord, its own staff, or those acting on its behalf, affecting a resident or group of residents.’

2.3        A resident does not have to use the word ‘complaint’ for it to be treated as such. Whenever a resident expresses dissatisfaction USTSC will give them the choice to make complaint. A complaint that is submitted via a third party or representative will be handled in line with USTSC’s complaints policy.

2.4        USTSC staff recognise the difference between a service request and a complaint. A service request is a request from a resident requiring action to be taken to put something right. Service requests are not complaints but are recorded and reviewed regularly. 

2.5        Complaints will be raised when the resident expresses dissatisfaction with the response to their service request, even if the handling of the service request remains ongoing. USTSC will not stop their efforts to address the service request if the resident complains.

2.6        An expression of dissatisfaction with services made through a survey will not be defined as a complaint, though wherever possible, the person completing the survey will be made aware of how they can pursue a complaint if they wish to. When USTSC asks for wider feedback about services, we will also provide details of how residents can complain.

 

3.0 Exclusions

3.1        USTSC will accept a complaint unless there is a valid reason not to do so. If the Charity decides not to accept a complaint, we will evidence the reasoning for this decision. Each complaint will be considered on its own merits.

3.2        The Charity will usually not consider a matter as a complaint if the following grounds apply:

  • The issue giving rise to the complaint occurred over twelve months
  • Legal proceedings have This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
  • The matter has previously been considered under the complaints policy
  • If the complaint is about something that USTSC has no direct connection We may choose to respond but we are not obliged to.
  • If a complainant is harassing a staff
  • If a complaint has been made However, we will investigate the complaint and use the information to improve in any way that we can

3.3        The following matters will not be dealt with under this Complaint Policy :

  • Anything already considered by a Court or the Independent Housing Ombudsman
  • A request for a housing management service, such as the first report of a repair
  • Reports of anti-social behaviour or nuisance
  • Safeguarding alerts
  • Insurance claims against the Charity and appeals

3.4        USTSC will accept complaints within 12 months of the issue occurring or the resident becoming aware of the issue, unless it is excluded on other grounds. USTSC will consider whether to apply discretion to accept complaints made outside this time limit where there are good reasons to do so.

3.5        If USTSC decides not to accept a complaint, an explanation will 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 Charity to take on the complaint.

3.6        USTSC will not take a blanket approach to excluding complaints; we will consider the individual circumstances of each complaint.

 

4.0 Accessibility and awareness

4.1        USTSC will make it easy for residents to complain by providing different channels through which they can make a complaint. The Charity will consider its duties under the Equality Act 2010 and anticipate the needs and reasonable adjustments of residents who may need to access the complaints process.

4.2        Residents must be able to raise their complaints in any way and with any member of staff. All staff will be aware of the complaints process and be able to pass details of the complaint to the appropriate person within the Charity.

4.3        The Charity will not view high volumes of complaints must as a negative, and recognises that they can be indicative of a well-publicised and accessible complaints process. The Charity further recognises that low complaint volumes are potentially a sign that residents are unable to complain.

4.4        This policy will be made available to residents on request and will be published on the USTSC website.

4.5        Residents will be advised that they have the right to escalate their complaint to the Housing Ombudsman if they are not satisfied that the matter has been resolved through this policy. Details of the Housing Ombudsman Service are as follows:

Housing Ombudsman Service Exchange Tower

Harbour Exchange Square

London E14 9GE

Tel:     0300 111 3000

E-mail: info@housing-ombudsman.org.uk

4.6        Residents may use a representative to deal with their complaint on their behalf, and be represented or accompanied at any meeting with the Charity.

 

5.0 Complaint handling staff

5.1        All Charity staff must be suitably trained to accept complaints and trained to understand the importance of complaints handling. The Head of Housing is assigned to take responsibility for complaint handling, including liaison with the Ombudsman and ensuring complaints are reported to the Trustees. Under the Housing Ombudsman’s Complaint Handling Code, the Head of Housing will act as the ‘complaints officer’.

5.2        The Head of Housing has access to staff at all levels to facilitate the prompt resolution of complaints. They also have the authority and autonomy to act to resolve disputes promptly and fairly.

 

6.0 The complaint handling process

6.1        All complaints will be handled in line with this Complaints Policy and no residents will be treated differently if they complain. The Charity will seek to achieve early, and local resolution of issues raised by residents

6.2        When a complaint is logged at Stage 1 or escalated to Stage 2, the Charity will set out their understanding of the complaint and the outcomes the resident is seeking. The Code refers to this as “the complaint definition”. If any aspect of the complaint is unclear, the resident will be asked for clarification.

6.3        The Charity will:

  1. deal with complaints on their merits, act independently, and have an open mind;
  2. give the resident a fair chance to set out their position;
  3. take measures to address any actual or perceived conflict of interest; and
  4. consider all relevant information and evidence carefully.
  5. be clear which aspects of the complaint we are, and are not, responsible for and clarify any areas where this is not clear.

 

7.0 Complaints stages

Stage 1

7.1        The Charity will consider which complaints can be responded to as early as possible, and which require further investigation. The Charity will consider factors such as the complexity of the complaint and whether the resident is vulnerable or at risk. Most stage 1 complaints can be resolved promptly, and an explanation, apology or resolution provided to the resident.

7.2        Complaints will be acknowledged, defined and logged at stage 1 of the complaints procedure within five working days of the complaint being received.

7.3        The Charity will issue a full response to stage 1 complaints within 10 working days of the complaint being acknowledged.

7.4        The Charity will 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 will  be  no  more  than  10 working days without good reason, and the reason(s) must be clearly explained to the resident.

7.5        In the event that the Charity needs to inform a resident about an extension to these timescales, the resident will be provided with the contact details of the Ombudsman.

7.6        A complaint response will 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 will still be tracked and actioned promptly with appropriate updates provided to the resident.

7.7        The Charity will 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.

7.8        Where residents raise additional complaints during the investigation, these will be incorporated into the stage 1 response if they are related and the stage 1 response has not been issued. Where the stage 1 response has been issued, the new issues are unrelated to the issues already being investigated or it would unreasonably delay the response, the new issues will be logged as a new complaint.

7.9        The Charity will confirm the following in writing to the resident at the completion of stage 1 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 stage 2 if the individual is not satisfied with the response.

Stage 2

7.10        If all or part of the complaint is not resolved to the resident’s satisfaction at stage 1, the complaint will be progressed to stage 2 of the procedure. Stage 2 is the Charity’s final response. Requests for stage 2 will be acknowledged, defined and logged at stage 2 of the complaints procedure within five working days of the escalation request being received.

7.11        Residents will not be required to explain their reasons for requesting a stage 2 consideration. The Charity will make reasonable efforts to understand why a resident remains unhappy as part of its stage 2 response.

7.12        Stage 2 complaints are considered by the Chief Executive of the Charity. This is because the person considering the complaint at stage 2 must not be the same person that considered the complaint at stage 1.

7.13        The Charity will issue a final response to the stage 2 within 20 working days of the complaint being acknowledged.

7.14        The Charity will 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 will  be  no  more  than  20 working days without good reason, and the reason(s) will be clearly explained to the resident.

7.15        When the Charity informs a resident about an extension to these timescales, the complainant will be provided with the contact details of the Housing Ombudsman.

7.16        A complaint response will be provided to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issues are completed. Outstanding actions will still be tracked and actioned promptly with appropriate updates provided to the resident.

7.17        The Charity will 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.

7.18        The Charity will 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.

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

 

8.0 Putting things right

8.1        Where something has gone wrong, the Charity will acknowledge this and set out the actions it has already taken, or intends to take, to put things right. These may include:

  • Apologising;
  • Acknowledging where things have gone wrong;
  • Providing an explanation, assistance or reasons;
  • Taking action if there has been delay;
  • Reconsidering or changing a decision;
  • Amending a record or adding a correction or addendum;
  • Providing a financial remedy;
  • Changing policies, procedures or practices.

8.2        Any remedy offered will reflect the impact on the resident as a result of any fault identified.

8.3        The remedy offer will clearly set out what will happen and by when, in agreement with the resident where appropriate. Any remedy proposed will be followed through to completion.

8.4        The Charity will take account of the guidance issued by the Ombudsman when deciding on appropriate remedies.

 

9.0 Self-assessment, reporting and compliance

9.1        As members of the Housing Ombudsman Service, USTSC will produce an annual complaints performance and service improvement report for scrutiny and challenge, which will include:

  1. an annual self-assessment against the Ombudsman’s Complaint Handling Code to ensure that complaint handling policy remains in line with its requirements.
  2. a qualitative and quantitative analysis of the Charity’s complaint handling performance, which will include a summary of the types of complaints the Charity has refused to accept;
  3. any findings of non-compliance with the Ombudsman’s Complaint Handling Code;
  4. any service improvements made as a result of the learning from complaints;
  5. any annual report about the Charity’s performance from the Ombudsman; and
  6. any other relevant reports or publications produced by the Ombudsman in relation to the work of the Charity

9.2        The annual complaints performance and service improvement report (and any responses) will be reported to the Charity trustees and published on the on the section of its website relating to complaints. The governing body’s response to the report must be published alongside this.

9.3        The Charity will also carry out a self-assessment following any significant restructure, merger and/or change in procedures.

9.4        The Charity is aware that it may be asked to review and update the self-assessment following an Ombudsman investigation.

9.5        If the Charity is unable to comply with the Code due to exceptional circumstances, such as a cyber incident, USTSC will inform the Ombudsman, provide information to residents who may be affected, and publish this on the website. In this event, the Charity will provide a timescale for returning to compliance with the Ombudsman’s Code.

 

10.0 Scrutiny & oversight: continuous learning and improvement

10.1        The Charity will look beyond the circumstances of the individual complaint and consider whether service improvements can be made as a result of any learning from the complaint.

10.2        The Charity understands that a positive complaint handling culture is integral to the effectiveness with which landlords resolve disputes. USTSC will use complaints as a source of intelligence to identify issues and introduce positive changes in service delivery.

10.3        The Charity further understands that Accountability and transparency are also integral to a positive complaint handling culture. USTSC will report back on wider learning and improvements from complaints to stakeholders, such as resident meetings, staff and relevant committees.

10.4        The Head of Housing will be the lead person for complaint handling at USTSC. They will assess any themes or trends to identify potential systemic issues, serious risks, or policies and procedures that require revision.

10.5        The Charity will appoint one trustee to have lead responsibility for complaints to support a positive complaint handling culture. This person will be referred to as the Member Responsible for Complaints (‘the MRC’).

10.6        The MRC will be responsible for ensuring the Board of Trustees receives regular information on complaints that provides insight on the Charity’s complaint handling performance. This person will have access to suitable information and staff to perform this role and report on their findings.

10.7        As a minimum, the MRC and the Board of Trustees will receive:

  1. regular updates on the volume, categories and outcomes of complaints, alongside complaint handling performance;
  2. regular reviews of issues and trends arising from complaint handling;
  3. regular updates on the outcomes of the Ombudsman’s investigations and progress made in complying with orders related to severe maladministration findings; and
  4. the annual complaints performance and service improvement

10.8        When handling complaints from employees or third parties, the Charity will:

  1. have a collaborative and co-operative approach towards resolving complaints, working with colleagues across teams and departments;
  2. take collective responsibility for any shortfalls identified through complaints, rather than blaming others; and act within the professional standards for engaging with complaints as set by any relevant professional body.