COMPLAINTS POLICY
1. Policy Statement
1.1 This policy sets out how a complaint can be made to Castles & Coasts Housing Association (CCHA), how CCHA will manage complaints received and, also, how CCHA will learn from complaints, to help us improve the services we deliver to our residents.
1.2 This policy has been developed in line with the Housing Ombudsman’s (HO) Complaint Handling Code (CHC).
2. Policy Aims
• To provide clarity on how we will manage and respond to complaints received.
• To ensure complaints are dealt with fairly, impartially and in a timely manner
• To provide a Complaints Process which is accessible to all and makes it easy to raise a complaint with CCHA.
• To demonstrate that we take complaints seriously and ensure high levels of ownership from our colleagues, when dealing with, and investigating, complaints.
• To do our best to put things right in a timely manner and apologise when we get things wrong
• To provide clarity on what complainants can do, if they are not happy with the outcome of a complaint, we have managed.
• To be polite, helpful, and respectful when dealing with complaints.
• To ensure that we learn lessons from complaints, to improve our services
3. Definitions
3.1 Complaint: A Complaint is an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the landlord, its own staff, or those acting on its behalf, affecting a resident or group of residents.
3.2 Resident: A resident is defined as a person who has a legal right to reside in a CCHA property.
4. Statement of Intent
4.1 CCHA welcomes complaints as a means of providing valuable feedback, and we are committed to addressing service shortfalls; ensuring feedback is used to implement service improvements, for the wider resident population, to enhance customer satisfaction.
4.2 A complaint can be made by anyone who has direct involvement in a service delivered by CCHA. CCHA will accept complaints within 12 months of an issue occurring. However, complaints received outside of this period will be considered on a discretionary basis, where there is good reason to do so.
4.3 The resident does not have to use the word ‘complaint’ for it to be treated as such.
4.4 For the purpose of this policy, all complaints from residents should be accepted unless they meet any of the following sets of circumstances:
• A request for a service, such as reporting a repair, unless you have already received a service and are not happy with how this service has been or is being delivered
• A request for information, or an explanation of a policy or practice
• A complaint which has previously been investigated and responded to by CCHA, where the Complaints Process has been exhausted.
• Neighbourhood disputes, including noise nuisance, drug-related activity, or dog fouling. These will be managed in line with our Anti-Social Behaviour (ASB) Policy, except where you have informed us of ASB, and are not happy with how your case has been handled or feel we have not followed our ASB Policy
• In cases where legal proceedings have started. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
4.5 If CCHA decides not to accept a complaint, having considered the individual circumstances of the case, a detailed explanation must be provided to the resident, setting out the reasons why the matter is not suitable for the complaints process and the right to take that decision to the HO.
5. How to Make a Complaint
5.1 CCHA takes complaints extremely seriously. If you wish to make a complaint, you should contact CCHA at the earliest opportunity of experiencing a service failure or dissatisfaction.
5.2 Complaints can be made in a range of ways, as follows:
• By email to: cs@castlesandcoasts.co.uk
• In writing to: Customer Services Team, 5 Paternoster Row, Carlisle, Cumbria, CA3 8TT
• By telephone: 0800 085 1171
• Via our website: www.castlesandcoasts.co.uk
• Via a direct message on CCHA social media accounts (to which the reply will be relayed confidentially to the complainant)
• Via survey feedback (where the request to make a complaint is clear)
• Via an advocate, authorised to act on a person’s behalf, i.e., a nominated power of attorney or where third-party consent has been submitted to CCHA by the resident
• In person, and with any member of CCHA staff during office opening hours
5.3 Complaints will be treated in the strictest confidence and in line with the General Data Protection Regulation 2018.
5.4 Complaints will be coordinated by the Customer Experience Team (CET). The CET will allocate the complaint to a dedicated Complaint Manager, normally the manager of the service area involved. The CET will work with the Complaint Manager, supporting them in a thorough investigation, ensuring a sensitive, balanced, and objective outcome is achieved. The CET will also ensure that a thorough response is sent within the target timeframe and that any learning is captured and embedded.
5.5 CCHA accepts complaints from the following:
• An individual resident
• A group of residents
• Any individual, not a resident of CCHA, but who has accessed the services of CCHA, or has been directly affected by the services delivered by CCHA
• An advocate/third party representative of the any of the above
6. The Complaints Process
6.1 CCHA operates a two stage Complaints Process, as follows:
6.2 Stage 1
6.2.1 CCHA will acknowledge the complaint within 5 working days of receipt. The complaint will be allocated to a Complaint Manager, who will provide an impartial and thorough response to all points raised, within 10 working days of the complaint being logged. During this period, the Complaint Manager must contact the complainant to establish what the complainant believes would be a reasonable resolution. The Complaint Manager will seek to resolve the complaint at the earliest possible opportunity, having assessed what evidence is needed to fully consider the issues. If the issue is complex and requires further time to resolve, the Complaint Manager will keep the complainant informed and will let the complainant know when they can expect to receive a response and provide the resident with the contact details of the Housing Ombudsman. This should not exceed a further 10 working days, unless there are exceptional circumstances. The consent of the resident must be sought to provide a response more than 20 days from the date of the Stage 1 Complaint being logged. A complaint response must be provided to the resident when the answer to the complaint is known, not when any outstanding actions are completed.
6.2.2 Where additional complaints are raised during the investigation, these should be incorporated into the Stage 1 response if they are relevant, and the Stage 1 response has not been issued. Where the Stage 1 response has been issued, or it would unreasonably delay the response, the complaint should be logged as a new complaint.
6.2.3 Complaint Managers at both stages of the process must have due regard to the individual needs of the complainant and the duties placed upon CCHA by the Equality Act 2010 and should make reasonable adjustments, where appropriate, in consideration of these needs.
6.2.4 Complaint Managers at both stages should:
• Act sensitively, independently and fairly.
• Have had no prior involvement in the issues defined in the complaint in any form.
• Deal with complaints on their merits and have an open mind
• Be clear which aspects of the complaint CCHA are, and are not, responsible for, and clarify any areas where this is not clear
• Take measures to address any actual or perceived conflict of interest
• Consider all information and evidence carefully
• Keep the complaint confidential, as far as possible, with information only disclosed if necessary to properly investigate the matter
• Be trained to handle complaints and deal with distressed and upset residents and colleagues where appropriate. Manage residents’ expectations from the outset, being clear where a desired outcome is unreasonable or unrealistic
• Have access to staff at all levels to facilitate quick resolution of complaints
• Avoid using the names of staff or contractors in their decision letter, unless necessary
• Have the authority and autonomy to act to resolve disputes quickly and fairly
• Ensure that an audit trail to evidence the decision-making process is maintained and
recorded on the appropriate systems. This should include any reports or surveys prepared to aid in the investigation of the complaint or prior to the complaint being made
• Where a key issue of a complaint relates to the parties’ legal obligations, the Complaint Manager must clearly set out their understanding of the obligations on both parties.
6.2.5 The resident, and if applicable any staff member who is subject of a complaint, must also be given a fair chance to set out their position and comment on any adverse findings before a final decision is made.
6.2.6 CCHA must confirm the following in writing to the resident at the completion of stage 1 in clear, plain language:
(a) the complaint stage
(b) the complaint definition
(c) the decision on the complaint
(d) the reasons for any decisions made.
(e) the details of any remedy offered to put things right.
(f) details of any outstanding actions; and details of how to escalate the matter to stage 2 if the individual is not satisfied with the response.
6.3 Stage 2
6.3.1 If the complainant remains unhappy with all or part of the outcome of their complaint at Stage 1, they can escalate their complaint to Stage 2 by contacting the Stage 1 Complaint Manager, or the CET, stating why they remain dissatisfied. Where this is unclear, CCHA will make reasonable efforts to understand why the resident remains unhappy. The escalated complaint will be acknowledged within 5 working days of receipt and will be allocated to a member of the Executive Leadership Team (ELT). This is usually the Director of the service area involved. The person considering the complaint at Stage 2 must not be the same person that considered the complaint at Stage 1. An impartial and thorough response to the complaint will be sent within 20 working days, unless further complex investigations are required. The complainant will be informed of this and kept updated of when they can expect a response and be informed of the contact details of the Housing Ombudsman. This should not exceed a further 10 working days unless there are exceptional circumstances. The consent of the resident must be sought to provide a response more than 30 days from the date of the Stage 2 Complaint being logged. A complaint response must be provided to the resident when the answer to the complaint is known, not when any outstanding actions are completed.
6.3.2 CCHA must confirm the following in writing to the resident at the completion of stage 2 in clear, plain language:
a. the complaint stage
b. the complaint definition
c. the decision on the complaint
d. the reasons for any decisions made
e. the details of any remedy offered to put things right
f. details of any outstanding actions;
g. details of how to escalate the matter to the Ombudsman Service if the individual remains dissatisfied.
6.4 Closed Complaints
6.4.1 A complaint will be considered as closed 10 working days after the dispatch of a response to either stage of a complaint if nothing further is heard from the complainant. A complaint can be re-
opened within 12 months of the Association’s final decision, at the discretion of the Complaint Manager at either stage, on the provision of new evidence being received, in relation to the original complaint. CCHA has the right to refuse that a complaint is re-opened if we believe the new evidence would not affect the Association’s final decision.
6.4.2 A complaint will not be re-opened for new issues, which do not relate to the original complaint. However, if new issues do arise for the complainant, these can be raised as a new complaint, which will follow the Complaints Process from Stage 1.
6.5 Complaint Outcomes
• CCHA will inform each complainant of the outcome of their complaint
• CCHA may suggest/use mediation services at either stage of the complaint investigation, if this will improve the chance of reaching a satisfactory response to a complaint
• If appropriate, the complainant will be offered compensation; this will be considered on a case by case basis. If the complainant is in debt to CCHA, financial compensation will be credited to their account
• CCHA will carry out a Satisfaction Survey with the resident once their complaint is closed, as part of our drive to encourage a positive complaint learning process
6.6 Further Escalation
6.6.1 If the complainant has exhausted the above two stages of the Complaints Process, the complaint can be referred to the HO. This can be achieved either through a Designated Person (a local MP, Councillor, or a recognised Resident Group) or directly by the complainant.
6.6.2 The HO considers complaints brought to them within 12 months of a landlord's final decision, for the final stage of their Complaints Process.
6.6.3 Details of how to contact the HO can be found by visiting: www.housing-ombudsman.org.uk, or by calling 0300 111 3000.
6.7 Anonymous Complaints
6.7.1 Anonymous complaints will only be investigated where the complainant provides sufficient information to identify an issue of concern. In some cases, it may be necessary to refer issues raised to our Whistleblowing, Safeguarding, ASB or Anti-Fraud Policies, if appropriate. If this is not necessary, then the Complaints Process will be followed.
6.7.2 An anonymous complaint precludes any response to the complainant. The CST will refer anonymous complaints to the manager of the service area the complaint relates to, to investigate and to agree the most appropriate action, in relation to the complaint. As the complaint is anonymous, CCHA cannot provide a response.
6.8 Unreasonable, Persistent Complaints
6.8.1 CCHA is committed to dealing fairly, honestly and openly. However, complaints may be considered to be unreasonable, persistent or vexatious, as outlined within our Unacceptable Behaviour & Unreasonable Demands Policy. What we consider to be unreasonable demands on our service will depend on the circumstances surrounding the behaviour of the complainant and with due regard to the Equality Act 2010, but could include:
• Demanding a response within an unreasonable timescale
• Demanding to be dealt with by a particular member of staff
• Continual and persistent phone calls, letters or emails
• Changing the material of their complaint, or ‘masking’ the real issue, by raising unrelated matters
• Unwillingness to accept that CCHA cannot help them any further than they already have, and persistently contacting us to complain or remonstrate about our action, decision or explanation
6.8.2 CCHA consider these demands and this behaviour to be unreasonable if they take up a disproportionate amount of Officers’ time. If we consider a complaint to be unreasonable, persistent or vexatious, a member of SLT will decide how best to deal with the complaint, and how best to communicate to the complainant.
7. Compensation & Dispute Resolution
7.1 Effective dispute resolution requires a process designed to resolve complaints. Where something has gone wrong, the Complaint Manager must acknowledge this and set out the actions which have already been taken, or intend to take, to put things right.
7.2 Any remedy offered must reflect the extent of any service failures and the level of detriment caused to the resident as a result. The Complaint Manager must carefully manage the expectations of residents and not promise anything that cannot be delivered or would cause unfairness to other residents.
7.3 The remedy offer must clearly set out what will happen and by when, in agreement with the resident where appropriate. Any remedy proposed must take into account the guidance issued by the Ombudsman and must be followed through to completion.
7.4 In awarding compensation, and in accordance with the CCHA Compensation Policy, the Complaint Manager must consider whether any statutory payments are due, if any quantifiable losses have been incurred, the time and trouble a resident has been put to,as well as any distress and inconvenience caused.
8. Monitoring, Reviews and Evaluation
8.1 CCHA is committed to reporting complaints in an open and honest way. The volumes and learning outcomes of complaints managed by CCHA, will be published in our Annual Report for Residents. They will also be reported to residents in our bi-annual Residents’ Voice Report.
8.2 CCHA has a dedicated Board Complaints’ Champion, the Member Responsible for Complaints (MRC). This role ensures CCHA champions a positive and objective complaint handling culture at Board level. The primary objectives of this role are:
• To support the development of CCHA’s Complaints Policy
• Provides the Board with regular updates on the volume, categories and outcomes of complaints, alongside complaint handling performance.
• Provides the Board with regular reviews of issues and trends arising from complaint handling.
• Provides the Board with regular updates on the outcomes of the Ombudsman’s investigations and progress made in complying with orders related to severe maladministration findings.
• An annual complaints performance and service improvement report.
• To identify, undertake and attend any specialist training, learning events or networks, which
support the roles of the MRC.
• The MRC must have access to suitable information and staff to perform this role and report on their findings. To be aware of complaint handling best practice, both within and outside the housing sector.
8.3 High volumes of complaints will not be seen as a negative, as they can be indicative of a wellpublicised and accessible complaints process. Low complaint volumes are potentially a sign that residents are unable to complain.
8.4 Annually CCHA will also undertake and publish a review of its compliance against the Ombudsman’s Complaint Handling Code.
9. Cross References
9.1 This policy and the associated procedures should be read in conjunction with the following CCHA policies and procedures:
• Equality, Diversity & Inclusion Strategy
• Compensation Policy
• Data Protection Policy
• Customer Service and Engagement Strategy
• Unacceptable Behaviour & Unreasonable Behaviour Policy In addition, the HO’s CHC with CCHA’s Self-Assessment can be found here: Customer Involvement and Feedback - Castles & Coasts Housing Association (castlesandcoasts.co.uk)
CCHA Complaints Policy – Version 4
Equality Impact Assessment – February 2024
Date approved by Board – 19.03.2024 with minor updates from external review in February 2025