Complaints Policy and Procedure
This Policy has been reviewed considering the Housing Ombudsman’s Complaint Handling Code – April 2024, and applies to any individual using or directly affected by jLiving services.
jLiving provides the opportunity to make complaints to allow dissatisfied individuals to seek redress and to enable jLiving to review and monitor its performance and delivery of services.
jLiving aims to provide an excellent service to all tenants and leaseholders and always welcomes and embraces constructive comments, suggestions, and ideas on how to continuously improve all the services we offer.
However, we realise as an organisation we may not always get it right. jLiving believes by working together positively and constructively with tenants and leaseholders most problems can be overcome and easily resolved, therefore we will always try to get it ‘right first time’ and will always seek to resolve matters informally at the time a complaint is made.
What is a complaint?
The Housing Ombudsman’ Complaint Handling Code defines a complaint as ‘…….an expression of dissatisfaction however made, about the standard of service, actions or lack of action, by the organisation, its own staff or those acting on its behalf, affecting an individual resident or group of residents.’
A complaint could therefore be:
✓ We have failed to adequately respond to an initial request
✓ We have been unhelpful or rude
✓ We have failed to meet our stated standards or promises
✓ We have given unclear, misleading or unsuitable advice.
✓ We have not complied with our own policies and or procedures.
What is not a complaint?
A complaint is not a first attempt to request a service or an enquiry. A service request is a request from an individual requesting action to put something right. Staff are encouraged to take all reasonable and necessary steps to resolve any issue raised as soon as possible and many matters can be resolved by staff without the need to refer the matter as a formal complaint.
A formal complaint should be raised when the individual is dissatisfied with the response to their service request. Service requests will, however, be recorded to ensure they are resolved satisfactorily. A complaint is not a report of anti-social behaviour. Anti-social and nuisance behaviour is dealt with under a separate procedure and will not be dealt with through the complaints procedure unless we have failed to meet our stated standards.
We will not deal with the following via the Complaint’s procedure:
✓ Complaints about other tenants or leaseholders
✓ Any matter that has or is being dealt with by a solicitor.
✓ Any matter that is being dealt with by our insurers.
✓ Complaints that are already being considered by the Ombudsman
✓ Any matter that occurred more than 12 months ago
✓ Complaints that have already been considered under the procedure and process and are, in the opinion of jLiving, being pursued in an unreasonable way.
✓ Complaints that fall outside of jLiving’s jurisdiction.
✓ Decisions where there is already a right of appeal unless we have not followed our own procedures.
✓ Service charge and rent levels – i.e. dissatisfaction with the amounts charged rather than an incorrect calculation.
If jLiving decides not to accept a complaint, a full explanation will be offered as to why the complaint is not suitable for the process.
How to make a complaint
Complaints can be made by telephone, in writing, by email, via our social media platforms or in person to a member of staff. Please note, however, we will not respond via social media to complaints but will respond in writing or by telephone call.
Our staff are trained and experienced and understand complaints are an opportunity to improve services and are not a threat. Staff are encouraged to identify potential complaints and to assist tenants and leaseholders to raise them. Tenants and leaseholders may prefer a family member or friend raises a complaint on their behalf, if this is the case, we would ask that we have your consent for somebody to act on your behalf, either in writing or in person.
How will jLiving respond to complaints?
jLIving will make every effort to resolve a query or complaint as quickly and as informally as possible and in line with the Housing Ombudsman Complaints Handling Code requirements. In many instances it is possible to resolve a complaint as soon as it is raised or reported, however, there will be occasions where we may need to gather more information or seek advice. Where an informal approach does not resolve the problem, the matter will be considered as a formal complaint.
jLiving staff will make every endeavour to advise how long the process is likely to take. jLiving will deal with complaints objectively and will apologise where jLiving has been at fault.
jLiving will offer compensation where the situation or matter warrants it.
jLiving will not unreasonably refuse to escalate a complaint unless it falls within the list of exclusions stated where the policy does not apply.
However, jLIving reserves the right to refuse, consider or review complaints when a tenant or leaseholders conduct, action or behaviour is considered to be unreasonable and or unacceptable.
Whilst jLiving will always seek to find a resolution before making this decision and will always endeavour to respond in a fair, balanced and proportionate manner, on occasion we shall need to invoke this clause to ensure the safety and wellbeing of staff and ensure the Associations resources are utilised in a proportionate way. As a small organisation jLiving is mindful that any complainant behaving in an unreasonable and disproportionate manner can impact on resources within a small team which in turn can negatively affect service delivery to other tenants and leaseholders.
Examples of unreasonable complaints:
✓ The complainant is using aggressive, threatening and or offensive language or displaying associated behaviour.
✓ The volume of emails, calls or correspondence being received are extensive and unmanageable.
✓ The outcomes being sought are unreasonable.
✓ There is nothing further jLiving can do to assist.
✓ The complainant continues to raise the same or related complaint when the complaint process has been exhausted and concluded.
✓ The resources required to deal effectively with the complaint are disproportionate to the benefit of the outcome being sought.
If a complaint is identified as being unreasonable, jLiving will:
✓ Explain this clearly and set out our expectations moving forward
✓ Assess the needs of the complainant and refer them for additional support if required.
Complaints Officer
The nominated officer for the organisation is the Head of Housing.
The Complaints Officers role is to ensure jLiving acts sensitively and equitably, all staff are trained to receive and deal with complaints, enables access to all staff at all levels to allow for the quick resolution of complaints and staff have the authority and autonomy to act to resolve complaints quickly and fairly.
Reasonable Adjustments
jLiving remains mindful of its obligations as detailed in The Equality Act 2010 and will make reasonable adjustments for individuals with a disability. jLiving will make reasonable adjustments where necessary for individuals with protected characteristics to ensure the same service is provided, as far as is reasonably possible, to those who do not have a disability. Regarding this policy, this may mean allowing additional time for information to be provided or to respond to enquiries.
Stage 1 Investigation of the complaint
If the matter or complaint cannot be resolved informally, it will be escalated to Stage 1 and the Head of Housing or other designated Manager will contact you within five working days to discuss the matter further and try to agree a positive resolution. Where possible the matter will be discussed in person or by telephone.
A timescale will be agreed, and the relevant Manager will then complete their investigations as quickly as possible. They will feedback to you in person or by telephone or an agreed means of communication and will then send an outcome letter advising you of the outcome and any actions to be taken. jLiving will advise tenants throughout the process of their rights to access the Housing Ombudsman Service throughout the investigation of their complaint and not only when the Associations procedure is at an end. Individuals will be informed of their right to seek impartial advice from the Ombudsman’s dispute support advisors. In accordance with timescales set out by the Housing Ombudsman – Stage 1 response – within ten working days of receipt of the complaint. If this is not going to be possible, an explanation will be offered, and a revised timescale advised. This will not normally exceed a further ten working days without proper reason. Again, jLiving will provide individuals with contact details for the Housing Ombudsman if the extension period is disputed. Where additional complaints are raised during the investigation, these will be incorporated within the Stage 1 response if they are relevant, and the Stage 1 response has not been sent. Where the response has been issued or the additional investigation would cause a delay, the complaint will be logged as a new complaint. Should individuals remain dissatisfied with the outcome of Stage 1 of the Complaints Procedure, they proceed to Stage 2 as follows below. This should be submitted within ten working days. If the request to escalate is not received within ten working days, the matter will be closed.
Stage 2 Complaint – Review & Decision
Where individuals remain dissatisfied with the outcome and response of the Stage 1 investigation, they may request their complaint to be reviewed. They should advise why they do not agree with the outcome of Stage 1 and, where possible, the outcome sought. This will be undertaken by the Chief Executive or other nominated Senior Manager or Board Member in her absence, who will complete a further investigation as quickly as possible. An outcome letter will then be sent detailing any actions to be taken. The outcome of the review stage will be final. In accordance with timescales set out by the Housing Ombudsman – Stage 2 decision response will be offered within 20 working days from the request to escalate. Again, if this is not possible, an explanation will be offered, and a revised timescale advised. This will again not normally exceed a further ten working days without proper reason.
Stage 2 responses will include the following:
✓ the complaint stage
✓ the complaint definition
✓ 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 the Ombudsman jLiving will advise tenants throughout the process of their rights to access the Housing Ombudsman Service throughout the investigation of their complaint and not only when the Associations procedure is at an end.
Individuals will be informed of their right to seek impartial advice from the Ombudsman’s dispute support advisors. This is the end of jLiving’s internal complaints procedure.
If you are still dissatisfied
If you remain dissatisfied following the completion of jLiving’s internal complaints procedure you can now direct your complaint to the Housing Ombudsman as below:
WWW.HOUSING-OMBUDSMAN.ORG.UK
Telephone – 0300 111 3000
We recognise the value complaints provide, and we have processes in place to ensure we capture the details and learning when we conclude our complaints process.
We will:
- Record and monitor all the complaints we receive and use this information to deliver process and service improvements. This information is shared and reviewed with relevant jLiving Subcommittees and the Board.
- Have a member of our Board who will have lead responsibility for complaints. As a minimum, we will provide our Board with:
- Regular updates on the volume, categories, and outcome of complaints, alongside complaint handling performance including compliance with the Ombudsman’s orders
- Regular reviews of issues and trends arising from complaint handling.
- The annual performance report produced by the Ombudsman
- Individual complaint outcomes where necessary, including where the Ombudsman made findings of severe maladministration or referrals to regulatory bodies.
- The implementation of management responses will be tracked to ensure they are delivered to agreed timescales.
- The annual self-assessment against the Complaint Handling Code for scrutiny and challenge.
- Each year we will carry out an annual self-assessment against the Complaint Handling Code to ensure our complaint handling remains in line with the code’s requirements.
- Use complaints as an opportunity to learn; we will identify lessons learnt and implement solutions.
Managing personal data
We will manage and process personal data in compliance with the Data Protection Act 2018 and 2018 GDPR. For further information on how we process personal data, please refer to our policies on our website or contact Head Office.
jLiving – Head Office – 0208 381 4901 or email info@jliving.org.uk