CCHA –COMPLAINTS POLICY

1. Introduction

We are committed to providing excellent services that meet the standards agreed with our customers. We recognise that sometimes the service may fail and residents may receive a less than satisfactory service. Where this occurs we are always keen to understand, learn and identify how we can improve the way we do things.

Complaints are taken seriously and dealt with professionally and our response plays an important part in shaping our image as an organisation committed to customer care and to maintain or repair our relationship with the resident.

  • We welcome complaints and consider them as an opportunity for improvement.
  • We will listen and discuss complaints with our residents, involving them at everyopportunity.
  • We will ask and understand what a residents wants from their complaints and respond appropriately
  • All staff are empowered and confident to respond to acomplaint and will consistently provide a high standard of service.
  • We have a dedicated officer to coordinate complaints as one point of contact.

2. Purpose

The Policy sets out ourapproach to dealing with and learning from complaints. We aim to deal fairly, equally,honestly, consistently and impartially with all complaints. The organisation must also identify areas where service failure or an inability to meet our published standards of service requires remedial action.

This policy also incorporates changes introduced by the Localism Act 2011 to the way complaints about social landlords are handled, these changes came into force in April 2013.

3. Scope

The policy applies to any complainant (see definition in section 5 below) making a complaint against us.

Section 5.2 outlines our involvement in third party complaints e.g. a complaint about a contractor/service provider that wehave appointed.

Where an external appeals process is being pursued e.g. a leasehold valuation tribunal, a court of law, an NHBC claim, the complaint will be closed and the external process will be followed rather than this procedure. The decision of the external process will be final and a complaint on the same issue cannot be reopened or lodged for the first time.

Complaints by staff should be raised with the appropriate line manager or by use of the grievance procedure where necessary; in addition, complaints concerning our recruitment procedure should be raised directly with the Human Resources.

4. Understanding and responding to residents

We will make sure that everyone is treated fairly and without discrimination, regardless of their race, gender, sexual orientation, disability, religion or belief, gender re-assignment, pregnancy and maternity, marriage and civil partnership and age. We will promote inclusion and challenge discrimination and we will ensure that everyone can access our services and that no one is excluded inappropriately from any services or activities provided by us.

An Equality Impact Assessment has been undertaken and has indicated that this policy would not discriminate against any specific groups.

5.Definitions

‘An expression of dissatisfaction about CCHA’s action, lack of action or standards of service, where an initial response has not proven satisfactory’

A complaint is separate from an enquiry or a request.

An Enquiry is when a resident contacts us to ask us something about their home or tenancy. For example, a resident might ask for information about their rent account or for an explanation of a policy. This is not a complaint. If we fail to provide this information then this could become a complaint.

A Request is when a resident contacts us to ask us to do something to their home or tenancy. For example, a resident may ask for a repair to their home. This is not a complaint. If we fail to carry out that repair this may become a complaint.

Complaints must be logged within 6 months of the event which is being complained about.

A complainant is one of our residents or service usersor a representative acting on their behalf. A member of the public directly affected by the services we provide or theactions of our staff, agents or contractors whilst they are working onour business.

A representative is a person chosen by the complainant to assist in the presentation of their complaint including elected representatives but not a lawyer retained on the complainant’s behalf.

6. Complaints – Issues that will be considered under this policy

When a complainant contacts us because they are dissatisfied with something we have or have not done; we will consider this to be a complaint. A customer complaint could include one or more of the following unresolved problems:

  • A customer is dissatisfied with a delay in providing them with a service
  • A customer is dissatisfied because we have failed or refused to provide a service
  • A customer is dissatisfied with the poor quality of service they have receivedor a mistake that has been made
  • A customer considers that we have provided them with an inappropriateservice
  • A customer is dissatisfied because we have removed or withdrawn a service
  • A customer is dissatisfied about being charged an inappropriate cost for a service
  • A customer is dissatisfied with a staff member’s behaviour*
  • A customer considers that they have been unreasonably disadvantaged bythe inappropriate application of a policy
  • A customer considers that we have unfairly discriminated against them

Exclusions – If the issue is not a complaint within the definition of this policy, we will deal with itthrough the relevant alternative procedure. The table below gives examples of such exclusions:

Issues that cannot be pursued through this policy / Action or area/team/person responsible for service delivery
A first request for service, information or an explanation of our policies and procedures / Relevant member or staff, manager, service team or contractor
Appeals against policy decisions (including lettings, tenancy renewal or anti-social behaviour decisions) / Relevant Operations Manager
Complaints by Staff in relation to terms and conditions of service / Business Support Manager / Grievance Procedure
A claim being dealt with by our insurers / Finance Director
Environmental Health Notices / Health and Safety Officer will log these and pass them to the relevant Officer or Team
Housing Health and Safety Rating (HHSRS) Notices / Health and Safety Officer will log these and pass them to the relevant Officer or Team
Issues where a resident has commenced legal action against us / Relevant Operations manager and our legal advisors (copied to the Complaints manager)
Neighbour disputes or anti-social behaviour, unless the complaint refers toour failure to deal with the disagreement appropriately / Relevant Operations Manager
Issues regarding hate crime or domestic violence / Relevant Operations Manager
A dispute against the amount of rent or service charge being charged / Director of Finance
Complaints raised by Board Members, other than those which relate to tenancy matters / Chief Executive or Company Secretary

* Note for staff only - We expect the highest standard of behaviour from our staff and for all staff to be aware of how their behaviour can affect others. To achieve this standard it is the general expectation that all members of staff, including others who may be working on our behalf, will work within our six core competencies (refer to “Living Our Values”). In relation to handling complaints the following examples of effective behaviours from “Living our Values” are particularly relevant:

  • Is friendly and honest with our customers
  • Listens effectively
  • Communicates regularly with customers and involves them in solutions
  • Takes ownership of complaints and deals with them in accordance with the Policy

Staff should always treat others with courtesy, respect and consideration – and conduct themselves professionally when interacting with our residents. We are fully committed to creating and sustaining a positive and mutually supportive working environment where staff can work collaboratively and productively together, and where staff are equally valued and respected.

If a resident feels the behaviour of a member of staff is unacceptable the formal complaints process will be followed, logged and acknowledged as normal, however at Stage 1, the complaint will be dealt with by the staff members Line Manager and HR where appropriate, rather than the Service Manager. This also applies to members of staff working for our partners and / or contractors – complaints will be referred to the relevant Line Manager and logged as a 3rd party complaint (see section 6.2).

6.1 First Time Fix

Where a complainant may be dissatisfied with our service but not at a level where they wish to take the matter forward as a formal complaint yet, or where the matter has not had a chance to be resolved at an operational level. First time fix issues are, if possible, dealt with immediately by the staff member responding to the query.TheCustomer Investment Officer (CIO) will log and track the issueand follow up after 10 working days to ensure they are either resolved or escalated to the complaints procedure. The CIO will also ensure the resident has been updated on the progress or outcome.

6.2 Third Party Complaints

Third Party complaints will be passed to the relevant organisation for investigation through their complaints process.The CIO will communicate this to the resident and support the resident where necessary to forward the complaint onto the correct organisation/staff member.We will log and monitor the progress and outcome of the third party complaint.Following an outcome the CIO will contact the resident to ensure the complaint has been fully resolved.

7.Persistent or unreasonable complaints

If a complainant has made unreasonable complaints in the past, we will not assume that the next complaint is unreasonable. The merits of each case will be considered rather than the attitude of the complainant. All relevant correspondence will be read and evaluated to consider all the circumstances of the complaint, including:

  • the history of complaints submitted by an applicant
  • whether a complainant has made persistent or unreasonable demands
  • whether there is a strong likelihood that complaints are being made to intentionally cause harassment, divert resources and to disrupt the proper workings of our business
  • whether the complainant or their representative has been rude or aggressive to staff or has produced excessive correspondence
  • whether the complainant displays vexatious behaviour

If a complaint is deemed as persistent, unreasonable, vexatious or frivolous, the complaint may be refused. In such circumstances we will inform the complainant of what alternative methods will be used to manage communications with the complainant.

Once a complaint is closed it cannot be opened again unless a new instance occurs.

8. Making a complaint

A complainant can make a complaint by any method – verbally or in writing.

The complaints form is available in paper form available from reception or posted out to residents. It is also available on our website at:

9. What happens when a complaint is received?

When a complaint is received by a member of staff other than the CIO, the person receiving the complaint will:

  • Listen, ask and understand what the resident wants from making the complaint

For example:

Resolve the complaint

Apologise

Carry out service/correction

Provide an explanation

Reimbursement of goods

Compensation – refer to the Compensation Policy to see if request is reasonable

Good will gesture

Nothing – just wanted to highlight issue to us

  • Explain the complaint is referred to the CIO who will be in contact within two working days

The CIO will acknowledge, log and allocate the complaint, within two working days of receipt, to the relevant manager or senior officer, with the responsibility for the service area to which the complaint relates. If it is inappropriate for that member of staff to investigate the complaint, for any reason, it will be referred to another member of staff at the same level. The CIO will ensure the outcome the resident is looking for has been logged. The acknowledgement will include our understanding of the scope of the issue to be investigated.

A full response should be provided within ten working days, with exception of annual and sick leave or jury service. If there are any delays expected we will explain what is happening and the expected timescales for actions planned. If a repair or works are to be completed as part of the complaint outcome but will take longer than ten working days, the complaint response letter should still be sent within ten working days, advising when the works will be due for completion and the final outcome of the complaint investigation. The complaint can then be closed ten working days later after the response letter.

10. Complaint Stages

10.1 Stage 1 – ServiceManager / Senior Officer

The complainant will be contacted to discuss the complaint by the staff member undertaking the stage one investigation. The target for providing a response to the complainant is ten working days from the date of the acknowledgement letter. The response letter should state whether their complaint has been upheld or not, with clear reasons why, it should respond to each point raised and set out the mechanism for taking the complaint to stage two if the complainant so wishes.

The investigation will look through the facts of the case using our systems and files as well as discussing with the complainant and any other relevant parties such as our contractors.

Complaint response times are part of our standards of service. If it has not been possible to provide a response within ten working days the complainant will be told when a decision is expected and a holding letter will be sent. If the holding letter is not sent or the delay becomes unreasonable they will receive £10 compensation in accordance with our Compensation Policy.

10.2 Stage 2 –CCHA Director

The target for informing the complainant whether their stage 2 complaint has been upheld or not, is ten working days from the date of the acknowledgement letter.

The investigation will look through the facts of the case using our systems and files as well as discussing with the complainant and any other relevant parties such as our contractors.

The decision will be in writing and give clear reasons for the outcome. If it has not been possible to provide a response within ten working days the complainant will be told when a decision is expected and a holding letter will be sent. If the holding letter is not sent or the delay becomes unreasonable they will receive £10 compensation in accordance withour Compensation Procedure. If the investigation found to not uphold the complaint the decision letter will explain how to take the complaint to an external body if the complainant would like to.

10.3 What happens if a complaint is upheld?

We will respond positively when we have failed in service delivery. Our response can take a range of forms such as a sincere apology, a customer service gesture and in certain circumstances a compensation payment.

11.External Complaint Stages

On the occasions when we are unable to conclude its complaints process to the satisfaction of the complainant, they will be advised of their right to approach a designated person such as an MP, Councillor or Designated Tenant Panel. After an 8 week period following complaint closure, the Housing Ombudsman Service (HOS) can be contacted by the complainant.

11.1Designated panel

The Localism Act 2011 introduced a potential extra external stage to the complaints process from April 2013before complaints are submitted to the Housing Ombudsman.However, this is only a potential stage as complaints may still be referred to the Housing Ombudsman Service directly and without being first referred to a Designated Person, once an 8 week period following closure of the complaint has passed.

Designated Persons are defined in the Act as;

  • Member of the House of Commons
  • Member of the Local Housing Authority
  • Designated Tenant Panel

We currently have a Service Level Agreement with Croydon Housing Complaints Panel to refer any complaints from our residents to their panel if the resident requests. This SLA is reviewed annually.

A resident can request us to refer their complaint to the panel on their behalf. We will prepare a complaints pack to send to Croydon Housing Complaints Panel.

11.2Housing Ombudsman Service

The Localism Act 2011 introduced a single complaints ombudsman for both local government and housing associations in an attempt to ensure greater consistency in the housing sector.

Upon receipt of a complaint either passed on from a designated person or received direct from the complainant, the Housing Ombudsman will investigate the complaint and inform the complainant, designated person (if involved) and landlord of;

  • The results of the investigation
  • Details of any determination made against the landlord

12.Learning from complaints

We aim to learn from complaints and use this information to improve what we do. When something changes as a result of a complaint we will inform the resident of what has been changed and also publish a regular update on our website about how we are using complaints to improve services.

Our Resident Scrutiny Panel will also undertake periodic reviews of complaints through the audits that they carry out.

13.Monitoring Delivery

A 6 monthly complaints report is produced by the Customer Investment Officer and shared with Leadership Team to;

  • Monitor whether the service standards set out in this policy have been met
  • Discuss any lessons to be learnt
  • Discuss any required amendments to procedures
  • Report on complaints by diversity
  • Report on complainant satisfaction with outcome and handling
  • Report on timescale performance

Ongoing monitoring is conducted by the Customer Investment Officer to;

  • Assess quality of response to complaints
  • Decide on any necessary communication to staff and residents
  • Communicate with each service area any complaints or suggested changes

resulting from complaints

14. Policies

This Policy should be read in conjunction with the Compensation Policy, Safeguarding Children and Vulnerable Adults Policy, Lettings and Allocations Policy and Anti-Social Behaviour Policy.

15. Complaints training

We will ensure that periodic training on the effective handling of complaints is provided to all staff. Complaints training will form part of the induction programme and a refresher course for all employees to take place every 3 years, or less if new legislation is brought in. This will include the necessary training to deal with complaints promptly, politely and fairly.