How to make a complaint

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This policy outlines the process that Agamemnon Housing Association (AHA) will use to manage complaints.  It is owned and agreed by the Board of Management.  This is on recommendation of the People & Culture Committee (PAC) working with the Chief Executive Office (who is responsible for day-to-day operational compliance).  It will be reviewed in line with the Board’s policy schedule and changes in external regulations.

We recognise that from time-to-time things go wrong. We encourage tenants to raise concerns as soon as possible so that we can understand the issue, put things right where appropriate, and learn from feedback. Any complainant, tenant, family member or representative (referred to as tenant for the purposes of this policy) who expresses dissatisfaction with our service, actions, decisions, or lack of action will be given the opportunity to make a complaint. Where dissatisfaction is identified, we will ensure the individual is informed of their right to have the matter considered through our complaints process and supported to do so if required. We will not require a person to use the word “complaint” for their concerns to be recognised and handled as a complaint.

This policy explains how a complaint can be made and how it will be managed. We are committed to ensuring that all complaints are handled fairly, impartially, recorded appropriately, and that any issues identified are addressed wherever possible. We welcome feedback and will always seek to learn from complaints and make improvements to our services. Complaints are viewed as a valuable source of insight and an opportunity to resolve dissatisfaction, improve outcomes for residents, and enhance the quality of our services.

• Complaints will be dealt with impartially, objectively, and professionally.  We look to resolve a complaint in the most efficient way and provide excellent tenant service.
• Complaints are easy to make and that the process is understood by our tenants (and others that may want to make a complaint such as an representative), friend or family member or any third-party person. Where representatives are involved data sharing consent will be required from the tenant.
• Where a tenant expresses dissatisfaction, whether verbally, in writing, online, through a representative, or by any other means, we will clearly explain their right to make a complaint and offer them the choice of progressing the matter through our formal complaints process.
• We will not allow the complaints process to prevent, delay or stall any actions needed to resolve an immediate service issue.  Any necessary remedial, repair, health and safety, safeguarding or other operational actions will continue while the complaint is being investigated.  Where a tenant expresses dissatisfaction with our response to a service request, we will raise and log a complaint even if the service request remains ongoing.
• Making a complaint will not adversely affect the way in which a tenant is treated by us.  If legal proceedings are involved, we may suspend the complaint pending conclusion of that process.
• We will accept a complaint unless there is a valid reason not to do so.  If we decide not to accept a complaint, we will provide a written explanation setting out why the matter is not suitable for the complaints process and explain the tenants right to refer that decision to the Housing Ombudsman Service (HOS).  Each complaint will be considered on its own merits

Our complaint policy is aligned to the Complaints Handling Code by the Housing Ombudsman Service.  We benchmark procedures against the Housing Ombudsman Code to provide the best practice in this area.

The complaint definition provided by the Housing Ombudsman is: “an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the Association, its own colleagues, or those acting on its behalf, affecting an individual tenant or group of tenants.”

A service request definition is: “a request from a tenant to their landlord requiring action to be taken to put something right”.  A service request is not, in itself, a complaint.  Where we receive a service request, we will take appropriate action to address the matter and put things right. We will not prevent, stall or impact on actions needed to resolve any immediate issues relating to a service request.

If a tenant expresses dissatisfaction with our response to a service request, or with the way the request has been handled, we will recognise and record this as a complaint and deal with it in accordance with this policy.  We will confirm whether the matter is being treated as a service request, a complaint, or both, and keep the tenant informed throughout the process.

For a contractor complaint: which is defined as a complaint relating to a contractor or service provider acting on behalf of AHA will form part of the complaints process. Tenants should submit complaints directly to AHA and will not be required to pursue a separate complaints process with a contractor.

Where appropriate, information may be obtained from the contractor as part of the investigation. However, AHA remains responsible for the management, investigation, oversight and resolution of the complaint and for ensuring that complaints are handled in accordance with the Housing Ombudsman Complaint Handling Code.

• In writing by post: Complaints, Agamemnon Housing Association, Agamemnon House, Lindisfarne Close, Portsmouth PO6 2SB.
• Verbally to a Housing Officer or member of the Tenant Support Team or via telephone: 02392 387 086
• In writing by email: enquires@agamemnon.org.uk

The Housing Officer or Tenant Support Team will give an initial response to the tenant where possible.  Then will pass the complaint to the designated Manager to address to ensure confidentiality and privacy is maintained.

There are two stages to the complaint’s process:

• Stage one: Investigated and responded to, by designated Housing Officer.
• Stage two: Investigated and responded to, by a member of the Senior Leadership Team (SLT) who are external to the service area of the complaint.

Where a tenant raises additional issues that are related to the original complaint before the Stage 1 response has been issued, these issues will be incorporated into the existing complaint investigation and addressed within the Stage 1 response. We will discuss and agree the scope of the complaint with the tenant where appropriate.

Where additional issues are raised after the Stage 1 response has been issued, or where the issues are unrelated to the original complaint or where including them within the existing complaint would unreasonably delay the Stage 1 response, the issues will be logged and managed as a new complaint. The tenant will be advised accordingly and provided with details of the new complaint reference and applicable timescales.

Tenants have the right to refer their complaint to the HOS at any stage of the complaints process for advice, guidance or assistance. Following completion of our Stage 2 complaints process, tenants may refer their complaint to the HOS for independent investigation if they remain dissatisfied with our final response. We will provide details of the HOS within complaint acknowledgements, complaint responses, extension notifications and whenever a tenant requests this information.

We will not refuse to escalate a complaint through all stages of the complaints procedure unless we have valid reasons to do so. If we do refuse, we will clearly set out these reasons, explain the tenants right to refer the decision to the HOS and comply with the provisions set out in Section 2 of the Complaint Handling Code.

Tenants are not required to explain or justify their reasons for requesting escalation of a complaint to Stage 2. We will make reasonable efforts to understand why the tenant remains dissatisfied as part of the Stage 2 review process.

• Complaint acknowledged, defined, and logged within 5 working days of receipt.
• The acknowledgement will set out our understanding of the complaint, the outcomes the tenant is seeking, and, where applicable, which aspects of the complaint we are and are not responsible for.  If any aspect of the complaint is unclear, we will contact the tenant to seek clarification.
• The Housing Officer will make contact to discuss the complaint and desired outcome.
• A complaint investigation and response will normally be completed within 10 working days of the complaint being acknowledged.
• Where the complaint is complex and additional time is required, we may extend this timescale by up to a further 10 working days. If an extension is required, we will explain the reason for the delay, provide an expected response date and include details of the HOS.
• Where it becomes clear that a response will exceed the additional 10 working day extension, we will discuss this with the tenant, explain the reasons, agree suitable intervals for keeping them updated and seek agreement to any further extension.
• A Stage 1 complaint response will be provided as soon as the outcome of the investigation is known and will not be delayed pending the completion of any agreed actions or remedies.
• The response will detail the outcome of the investigation, whether the complaint is upheld, partially upheld or not upheld, the reasons for the decision, any learning identified, and any actions that have been or will be taken to put matters right.
• Where actions remain outstanding at the time the complaint response is issued, these will be clearly explained, together with the expected timescales for completion.
• Any outstanding actions arising from the complaint will be monitored and tracked through to completion.  The tenant will be kept informed of progress and provided with updates until all agreed actions have been completed.
• If the complaint is upheld.  It means we fully acknowledge and confirm its validity.  We will then outline the actions we will implement in response to the complaint and any lessons learnt.
• If the complaint is not upheld, we will explain why.  If the tenant is dissatisfied with the outcome, they may request a review and escalation to Stage 2.  We request that escalation requests are submitted within one month of the Stage 1 response. Where a request is received outside this timeframe, we will consider the circumstances and exercise discretion where appropriate.  Any decision not to accept an escalation request will be explained to the tenant, together with details of their right to refer the matter to the HSO.

If a tenant requests escalation to Stage 2, the request will be acknowledged, defined and logged within 5 working days of receipt by the designated SLT Manager.

The acknowledgement will set out our understanding of the complaint, the outcomes the tenant is seeking, and, where applicable, which aspects of the complaint we are and are not responsible for. If any aspect of the complaint is unclear, we will contact the tenant to seek clarification.

The acknowledgement letter will include the name of the designated SLT Manager who will be undertaking the Stage 2 investigation.

The designated SLT Manager will contact the tenant to understand any remaining dissatisfaction and the outcome they would like to achieve.

An investigation and Stage 2 response will normally be provided within 20 working days of the complaint being acknowledged at Stage 2. Where the complaint is complex and additional time is required, we may extend this timescale by up to a further 20 working days. We will explain the good reason for the extension, provide an expected response date and include the HOS contact details.

• A Stage 2 complaint response will be provided as soon as the outcome of the review is known and will not be delayed pending the completion of any agreed actions, works or remedies.
  • Where actions remain outstanding at the time the Stage 2 response is issued, these will be clearly explained together with expected timescales for completion.
  • Any outstanding actions arising from the complaint will be monitored and tracked through to completion. The tenant will be kept informed of progress and provided with updates until all agreed actions have been completed.

If it becomes clear that the Stage 2 response will exceed the additional 20 working day extension, we will discuss this with the tenant, explain the reasons, agree suitable intervals for keeping them informed and seek agreement to any further extension. We will provide the expected response date and the HOS contact details.

If the tenant remains dissatisfied following receipt of the Stage 2 response, they may refer their complaint to the HOS for independent review and investigation. Tenants may also contact the HOS at any stage of the complaints process for advice, guidance and assistance. Contact details for the HOS are provided within this policy and will be included in complaint correspondence.

Complaints may not be considered if:

• The complaint is made more than 12 months after the issue occurred, or more than 12 months after the tenant became aware of the issue. However, we may exercise discretion and accept complaints outside this timeframe where there is a good reason for the delay, and it is fair and reasonable to do so.
  • Legal proceedings are involved; we may suspend the complaint pending conclusion of that process.
  • The matters raised have previously been considered under this Complaints Policy and no significant new information has been provided.

If we decided not to accept a complaint, an explanation will be provided to the tenant setting out the reasons why the matter is not suitable for the complaints process and the right to take that decision to the HOS. If the HOS do not agree that the exclusion has been applied fairly, they may tell us to take on the complaint.

Important – this policy does not apply to complaints about neighbour’s or other tenants, which will be dealt with by other internal procedures.

We ensure tenants know how to complain by clearly publicising our policy across accessible channels. The full policy and simple guidance are on our website, with alternative formats available. We will continue to reinforce awareness through newsletters, noticeboards, induction packs and colleague signposting.

In section 9 of this policy, you can access the Housing Ombudsman Service, provide contact details. Annual confirmation of compliance with the Complaint Handling Code, will be published on our website. We also publish performance, learning and improvements from complaints to demonstrate transparency and build confidence in our process overall.

As a member of the Housing Ombudsman Scheme, we are accountable to an independent organisation that reviews complaints about social landlords. If you are a tenant and believe we have not resolved your complaint fairly, you may be able to ask the HOS to investigate our handling of the case. Please note that the HOS can only look at specific types of complaints and eligibility criteria apply. Further information, useful guides on the services that the HOS offers can be found on their website:

Website: www.housing-ombudsman.org.uk

Or contact directly at:

Housing Ombudsman Services
PO Box 152
Liverpool
L33 7WQ

Telephone: 0300 111 3000

When our investigation identifies a failure in our service, we will use our findings to learn from complaints, improve our services, share learning across the Association and reduce the likelihood of similar issues occurring in the future.