Code provision | Code requirement | Comply: Yes / No | Evidence | Commentary / explanation |
5.1 | Landlords must have a single policy in place for dealing with complaints covered by this Code. Residents must not be treated differently if they complain. | Yes | Policy | Group policy for Care and Landlord services. There is a clear tone set that a complaint is part of customer care and customers having a voice. |
5.2 | The early and local resolution of issues between landlords and residents is key to effective complaint handling. It is not appropriate to have extra named stages (such as ‘stage 0’ or ‘informal complaint’) as this causes unnecessary confusion. | Yes | Policy – Section 7 (page 5) | Policy describes the 2 stage process. Early and local resolution is encouraged and performance levels indicate this works well. In 2023-24 a total of 649 stage 1 complaints were received. 5.5% of these (36) became stage 2 complaints. |
5.3 | A process with more than two stages is not acceptable under any circumstances as this will make the complaint process unduly long and delay access to the Ombudsman. | Yes | Policy – Section 7 (page 5) Procedure – section 4 | Policy describes the 2 stage process. |
5.4 | Where a landlord’s complaint response is handled by a third party (e.g. a contractor or independent adjudicator) at any stage, it must form part of the two stage complaints process set out in this Code. Residents must not be expected to go through two complaints processes. | Yes | Complaint Policy | None of our complaints are managed by a third party. Where a complaint is about a contractor the complaint is managed by Wrekin. |
5.5 | Landlords are responsible for ensuring that any third parties handle complaints in line with the Code. | Yes | This is not applicable as all complaints are managed by Wrekin. | None of our complaints are managed by a third party. Where a complaint is about a contractor the complaint is managed by Wrekin. |
5.6 | When a complaint is logged at Stage 1 or escalated to Stage 2, landlords must set out their understanding of the complaint and the outcomes the resident is seeking. The Code will refer to this as “the complaint definition”. If any aspect of the complaint is unclear, the resident must be asked for clarification. | Yes | Policy – Section 7 (page 5) Procedure – section 4 Process built into HMS | Contact is made with the complainant to discuss the complaint definition and clarify any points. The housing management system (HMS) follows our complaints process and all information can be added/recorded to the complaint. |
5.7 | When a complaint is acknowledged at either stage, landlords must be clear which aspects of the complaint they are, and are not, responsible for and clarify any areas where this is not clear. | Yes | Procedure Acknowledgement examples | A clear position is explained and outlined. |
5.8 | At each stage of the complaints process, complaint handlers must: a. deal with complaints on their merits, act independently, and have an open mind; b. give the resident a fair chance to set out their position; c. take measures to address any actual or perceived conflict of interest; and d. consider all relevant information and evidence carefully. | Yes | Policy – 7 (page 5) Procedure – section 4 Training documentation | The Housing Management System and Policy outline our process, all training provided gives the user the knowledge and understanding of how to manage a complaint. |
5.9 | Where a response to a complaint will fall outside the timescales set out in this Code, the landlord must agree with the resident suitable intervals for keeping them informed about their complaint. | Yes | Procedure Examples of notes | Where possible we meet timescales. If not, we agree next steps and timescales for updates. |
5.10 | Landlords must make reasonable adjustments for residents where appropriate under the Equality Act 2010. Landlords must keep a record of any reasonable adjustments agreed, as well as a record of any disabilities a resident has disclosed. Any agreed reasonable adjustments must be kept under active review. | Yes | Policy – Section 2.3 (page 2) Equality Impact Assessment Training documentation | Consideration of customers needs, and reasonable adjustments, is built into the procedure and training. Visual icons in the HMS prompt staff to consider ways to adapt services. |
5.11 | Landlords must not refuse to escalate a complaint through all stages of the complaints procedure unless it has valid reasons to do so. Landlords must clearly set out these reasons, and they must comply with the provisions set out in section 2 of this Code. | Yes | Policy - Section 7 (page 5) | Policy outlines this position. Examples of cases that show escalations being completed in almost all cases. |
5.12 | A full record must be kept of the complaint, and the outcomes at each stage. This must include the original complaint and the date received, all correspondence with the resident, correspondence with other parties, and any relevant supporting documentation such as reports or surveys. | Yes | Procedure and training Infomania reporting | Our HMS has been designed to incorporate complaints within it. Within our training the system is shown to the user and a user-guide and training videos are available. Reports outline this data and staff are asked to record all information. |
5.13 | Landlords must have processes in place to ensure a complaint can be remedied at any stage of its complaints process. Landlords must ensure appropriate remedies can be provided at any stage of the complaints process without the need for escalation. | Yes | Procedure and training | Staff are empowered to look for reasonable remedies at all stages. In 2023-24, 5.5% of stage 1 complaints escalated to the next stage. This demonstrates this in practice. |
5.14 | Landlords must have policies and procedures in place for managing unacceptable behaviour from residents and/or their representatives. Landlords must be able to evidence reasons for putting any restrictions in place and must keep restrictions under regular review. | Yes | Policy – Section 7.8 (page 6) Unreasonable behaviour procedure | Unreasonable behaviour procedure accessible. This is done in a small minority of cases and all actions are carefully considered. |
5.15 | Any restrictions placed on contact due to unacceptable behaviour must be proportionate and demonstrate regard for the provisions of the Equality Act 2010. | Yes | Unreasonable behaviour procedure | Unreasonable behaviour procedure accessible within the complaints toolkit. The procedure outlines when and why to use restricts and how long they should be for. |