Complaints are often an unfortunate reality for social housing landlords but handling them effectively is really important, both from a tenant satisfaction and legal perspective.
In addition, efficiently and effectively handling those complaints you do get, helps you minimise the risks to your business and may give you an insight into anything you need to change or fix.
As you know, social housing landlords operate under strict regulations, including the Regulatory Framework for Social Housing in England and the Tenant Involvement and Empowerment Standard (TIE Standard). These require you to have an accessible, fair, and responsive complaints process.
The Housing Ombudsman’s Complaint Handling Code defines a complaint as any expression of dissatisfaction, whether justified or not. This could include delays, poor communication, or failure to meet service standards and ignoring these can lead to significant consequences, including intervention by the Ombudsman.
You must also comply with broader legal obligations under the Equality Act 2010 and the Human Rights Act 1998, ensuring that complaints processes are inclusive and non-discriminatory. Failure to do so not only risks Ombudsman penalties but could result in legal challenges and a disruption to your business.
Building and executing a strong complaints process
An effective complaints policy is absolutely essential and should be something you already have implemented into your procedures.
It must meet the Complaint Handling Code’s requirements, including clear timelines (e.g. five working days to acknowledge complaints, ten to resolve them) and escalation routes if tenants remain dissatisfied. Here, transparency and consistency are vitally important.
We suggest you train your staff to resolve issues early and many complaints can be resolved informally if handled promptly and professionally.
Maintaining clear and detailed records of this is also something you should be doing automatically as poor documentation can undermine your case if a complaint escalates.
Sensitive complaints, such as those involving discrimination or harassment, require extra care. Your staff should be trained to manage these issues tactfully, and landlords should seek legal advice where necessary.
Your policies should also be regularly reviewed and updated, incorporating tenant feedback to comply with the TIE Standard and build trust.
Working with the Housing Ombudsman and improving services
If a complaint reaches the Housing Ombudsman, you should be thoroughly prepared for what’s to come.
You’ll need to follow a two-stage complaints process, ensuring all internal steps are exhausted before any escalation occurs.
Timely, evidence-backed responses are what we recommend as missing deadlines or submitting incomplete information can lead to unfavourable outcomes.
The Ombudsman investigates complaints independently and can issue recommendations such as compensation or operational changes and you can view these as an opportunity to improve, rather than merely a resolution to a single case.
We suggest publishing annual complaints reports as this demonstrates your transparency and accountability, while also helping you identify recurring issues. For instance, consistent complaints about repairs may highlight gaps in your maintenance schedules or communication that need addressing.
In short, a structured, proactive approach to complaints handling ensures you are prepared for both internal challenges and external scrutiny from the Ombudsman so make sure you have your procedures in place.
For help dealing with complaints – at any level – please get in touch.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2024.