Housing Ombudsman Complaint Handling Code: Self-assessment

In September 2020 the Housing Ombudsman launched a new code for the way landlords treat complaints.

The purpose of the Code is to enable landlords to resolve complaints raised by their residents quickly and to learn from complaints to drive service improvements. It will also help to create a positive complaint-handling culture amongst staff and residents.

The Ombudsman’s Complaint Handling Code sets out requirements for landlords that will allow them to respond to complaints effectively and fairly. The council has carefully considered each element of the code to ensure we provide the best service possible to residents. Where we feel that our approach is more in line with our residents’ requirements we'll identify where we differ from the Ombudsman’s suggestions.

The council is required to publish this self-assessment of our current performance against the code.

For more information about the code or to read it in full, visit the Housing Ombudsman website.

1.1 Does the complaints process use the following definition of a complaint?

"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."

Brighton & Hove City Council response:

No. The definition of a complaint within the Brighton & Hove City Council corporate complaint policy is “an expression of dissatisfaction, however made, about the standard of service, action or lack of action by the organisation, its own staff, or those acting on its behalf.”

This is in line with recommendations from the Local Government and Social Care Ombudsman. The intention of this definition is the same as expressed in the Housing Ombudsman Complaint Handling Code.

For more information read our Corporate Complaints Policy and Procedure document.

1.2 Does the policy have exclusions where a complaint will not be considered?

Brighton & Hove City Council response:

Yes. The Brighton & Hove City Council complaints policy (Appendix B) confirms that complaints cannot be considered in certain circumstances.

1.3 Are these exclusions reasonable and fair to residents?

Brighton & Hove City Council response:

Yes. Neither the Housing Ombudsman or Local Government and Social Care Ombudsman have specified what exclusions local government should include.

The exclusions included in Appendix B reflect the Local Government and Social Care Ombudsman’s jurisdiction. It would be unfair and unreasonable to take complaints where they or the Housing Ombudsman consider the matter to be outside of their jurisdiction.

2.1 Are multiple accessibility routes available for residents to make a complaint?

Brighton & Hove City Council response:

Yes. Brighton & Hove City Council offers the following ways for customers to submit a complaint:

You can:

• use the how to make a complaint form found on the council’s website 
• write to Customer Feedback Team, 1st Floor, Hove Town Hall, Norton Rd Hove, BN3 3BQ
• phone 01273 291 229 where the customer is unable to use digital channels, the telephone service is available Monday to Friday, 9:30am to 1:30pm, except public holidays
• send an email to customerfeedback@brighton-hove.gov.uk

2.2 Is the complaints policy and procedure available online?

Brighton & Hove City Council response:

Yes. The complaints procedure can be found on our website. This page can be easily accessed by searching for ‘complaints’.

2.3 Do we have a reasonable adjustments policy?

Brighton & Hove City Council response:

Yes. Brighton & Hove City Council has an Equality & Inclusion Policy which can be found on our website. The council’s complaint procedure also makes reference to reasonable adjustments in accessing the complaints service.

2.4 Do we regularly advise residents about our complaints process?

Brighton & Hove City Council response:

Yes. Information about our complaints process is a standing item in the quarterly tenant newsletter (Homing In). The information is also available on our website and in all complaint correspondence.

3.1 Is there a complaint officer or equivalent in post?

Brighton & Hove City Council response:

Yes. Stage 1 complaints are logged and referred by the council’s Customer Feedback Team. There's also a complaint coordinator within the Housing Management service to help direct these complaints to the appropriate team.

3.2 Does the complaint officer have the autonomy to resolve complaints?

Brighton & Hove City Council response:

The Customer Feedback team and the Housing Complaint Coordinator do not have the autonomy to resolve complaints, however, the Customer Feedback team managers can make recommendations for resolution where necessary.

3.3 Does the complaint officer have the authority to compel engagement from other services to resolve disputes?

Brighton & Hove City Council response:

Whilst there's no direct line management authority, the central complaints team do have the full support of the Chief Executive, Administration and leadership team in prioritising complaint resolution.

This support ensures that there's rarely an issue with services engaging with the complaint process.

3.4 If there's a third stage to the complaint procedure are residents involved in the decision-making?

Brighton & Hove City Council response:

Not applicable.

3.5 Is any third stage optional for residents?

Brighton & Hove City Council response:

Not applicable.

3.6 Does the final stage response set out residents’ right to refer the matter to the Housing Ombudsman Service?

Brighton & Hove City Council response:

Yes.

3.7 Do we keep a record of complaint correspondence including correspondence from the resident?

Brighton & Hove City Council response:

Yes.

3.8 At what stage are most complaints resolved?

Brighton & Hove City Council response:

The overwhelming majority of complaints are resolved at stage 1.

For the purpose of this self-assessment ‘resolved’ is taken to mean that the complainant did not escalate their complaint to the next stage of the process.

4.1 Are residents kept informed and updated during the complaints process?

Brighton & Hove City Council response:

Yes. Residents are sent confirmation that their complaint has been received and may be contacted if further information or clarification is required.

For complicated complaints, we'll inform the complainant if we require additional time to investigate and resolve their complaint. However, we aim to resolve complaints as quickly as possible and the authority does not generally provide ongoing updates on the progress of their complaint.

4.2 Are residents informed of the landlord’s position and given a chance to respond and challenge any area of dispute before the final decision?

Brighton & Hove City Council response:

No. Residents are not informed of the landlord’s position before the response is set. This is in line with guidance from the Local Government Ombudsman.

If the resident isn't satisfied with the response, details are provided on how to escalate their complaint.

4.3 Are all complaints acknowledged and logged within 5 days?

Brighton & Hove City Council response:

Yes. Brighton & Hove City Council’s complaint policy requires that an acknowledgement of any complaint is sent within 2 working days.

4.4 Are residents advised of how to escalate at the end of each stage?

Brighton & Hove City Council response:

Yes.

4.5 What proportion of complaints are resolved at stage 1?

Brighton & Hove City Council response:

89.8% of stage 1 complaints do not escalate to stage 2.

4.6 What proportion of complaints are resolved at stage 2?

Brighton & Hove City Council response:

Housing Ombudsman performance data tells us that 5 cases (from 52 stage 2s for Housing teams) were considered in 2021/2022.

The assumption is that those who did not escalate their cases considered the matter to be resolved, therefore 90% of those cases escalated to stage 2 were resolved.

4.7 What proportion of complaint responses are sent within Code timescales?

• stage 1

  • stage 1 (with extension)

• stage 2

  • stage 2 (with extension)

Brighton & Hove City Council response:

79% of stage 1 complaints were responded to within 10 working days.

76% of stage 2 complaints were responded to within 20 working days.

Data for the extension timescales isn’t currently available but will be provided in future years.

4.8 Where timescales have been extended did we have good reason?

Brighton & Hove City Council response:

Yes.

4.9 Where timescales have been extended did we keep the resident informed?

Brighton & Hove City Council response:

Yes.

4.10 What proportion of complaints do we resolve to residents’ satisfaction?

Brighton & Hove City Council response:

Brighton & Hove City Council do not collect feedback from residents on the handling of complaints. Therefore, we're unable to provide any meaningful data on whether they are resolved to residents’ satisfaction.

5.1 Were all requests for evidence responded to within 15 days?

Brighton & Hove City Council response:

No. Due to capacity issues within the Housing service and the central complaints team, as well as the volume of information requested, it is not always possible to meet the 15-day deadline.

5.2 Where the timescale was extended did we keep the Ombudsman informed?

Brighton & Hove City Council response:

Yes. In every case in which it's identified that the deadline given can’t be met, an extension is requested from the Housing Ombudsman with a clear timeframe by which the information will be supplied.

6.1 Are residents able to complain via a representative throughout?

Brighton & Hove City Council response:

Yes.

6.2 If advice was given, was this accurate and easy to understand?

Brighton & Hove City Council response:

Yes.

6.3 How many cases did we refuse to escalate? What was the reason for the refusal?

Brighton & Hove City Council response:

No complaints were refused for escalation. All cases are considered and a determination or decision is made.

6.4 Did we explain our decision to the resident?

Brighton & Hove City Council response:

If a full investigation is not conducted, the resident is always informed of the reasons why.

7.1 Where something has gone wrong are we taking appropriate steps to put things right?

Brighton & Hove City Council response:

Yes. The Repairs team can show that we're able to learn from complaints to improve the service. This approach is now being adopted by the rest of the Housing Service.

We'll begin quarterly review meetings to ensure that these are acted upon. Tenant involvement will be used where appropriate.

8.1 What improvements have we made as a result of learning from complaints?

Brighton & Hove City Council response:

Learning from complaints is captured at the close of every complaint at each stage. This learning is included in quarterly service reports, and where learning is particularly relevant for all staff, this is published in the quarterly Customer Insight dashboard shared across the organisation.

In 2022/2023 there have been many improvements made, including:

• approval of a new anti-social behaviour (ASB) policy
• improved standards for contractors
• improved information available for those waiting to exchange their homes

8.2  How do we share these lessons:

1. with residents?

2. with the board/governing body?

3. in the Annual Report?

Brighton & Hove City Council response:

1. From 2022/2023, the Housing service will provide information about this in the Annual Report which is shared with all residents.
2. The Annual report is shared with all Councillors including those on the Housing Committee.
3. An enhanced section on complaints will be included in the Annual Report from 2022/2023 onward.

8.3 Has the Code made a difference to how we respond to complaints?

Brighton & Hove City Council response:

Yes. The Housing Ombudsman Complaint Handling Code has identified areas of good practice along with some areas where improvement is required. Work has already begun on improving these areas.

8.4 What changes have we made?

Brighton & Hove City Council response:

The key changes we have made, or are in the process of making, are:

• collation of learning from complaints and enhanced information about complaint handling to be included in the annual report
• performance information to include temporary accommodation as well as main housing stock