Definition of a complaint
A complaint is defined as:
‘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 an individual resident or group of residents.’
A resident does not have to use the word ‘complaint’ for it to be treated as such. Whenever a resident expresses dissatisfaction we must give them the choice to make complaint. A complaint that is submitted via a third party or representative must be handled in line with this policy.
Types of complaint
The type of complaint we can consider may include, but is not limited to:
- Failed to provide a service when we should
- Provided a poor standard of service
- Made a mistake in the way we have provided the service
- Failed to meet our existing service standards or complied with our policies
- Where applicable, a complaint can also be raised as formal appeal to actions or decisions, for example a lettings offer we have chosen not to proceed, or a rechargeable repair.
We will first try to resolve expressions of dissatisfaction as informal complaints outside of this Policy where possible. This means putting something right quickly at the first point of contact and offering an apology where necessary. However, if further enquiries or actions are needed to resolve the matter, or if a customer exercises their choice to make a complaint, it will be logged as a formal complaint and dealt with in line with the policy.
Any complaint about the behaviour or conduct of a staff member or contractor will always be dealt with formally in line with this Policy and logged at Stage 1.
Service Requests
Lumen Housing recognises the difference between a service request and a complaint. A service request is a request from a resident to Lumen Housing requiring action to be taken to put something right.
We do not treat service requests as complaints, however service requests are recorded, monitored and reviewed regularly by the appropriate service.
A complaint will be raised if a resident expresses dissatisfaction with the response to their service request, even if the handling of the service request remains ongoing. We will continue efforts to address the service request if a resident complains.
What Lumen Housing do not consider to be a complaint
Each complaint will be considered on its own merits, along with the individual circumstances of each complaint. Grounds for which a complaint would not be suitable for the complaints process are outlined below:
- Reports of anti-social behaviour or breaches of tenancy
- Complaints concerning the level of rent or service charge or the amount of the rent or service charge increase (we will accept complaints about the quality or frequency of work paid for via service charges)
- Complaints about the actions of an organisation that is not working for, or supported by, Lumen Housing
- Where we have special arrangements in place with a customer, in line with our Unreasonable Behaviour Policy
- Where legal proceedings have been started. This is defined as details of the claim, such as the Claim Form and Particulars of Claim have been filed with the Courts
- When a complaint relates to an aspect of general law that we have correctly applied
- Where a separate appeals process has been instigated
- Insurance claims; these will be handed to relevant services within both Lumen Housing and the Council
- The issue giving rise to the complaint occurred 12 months ago (Lumen Housing will consider discretion to accept complaints made outside this time frame where there are good reasons to do so
- Matters that have previously been considered under the Complaints Policy
- Anonymous complaints
Although we do not treat these issues as a complaint under this procedure, we will deal with them in an appropriate manner.
If we decide not to accept a complaint as there is a valid reason not to do so, we will evidence the reasoning and provide a written explanation to the customer setting out the reasons why the matter is not suitable for the complaints process within 10 working days of a request being made.
This letter will include advice of the customer’s right to challenge this decision by contacting the Housing Ombudsman.
Survey Feedback
An expression of dissatisfaction with services made through a survey is not defined as a complaint, through wherever possible, the person completing the survey will be made aware of how the can pursue a complaint if they wish to.
Where Lumen ass for wider feedback about our services, we will provide details of how residents can complain.
Who can make a complaint?
A complaint can be raised by any person or group of people affected by an activity or service provided by, or on behalf of Lumen Housing including but not limited to:
- Current tenants/licensees and members of their households
- Former tenants/licensees
- Housing applicants
- Leaseholders
- MPs and Councillors
- Advocates of the complainant such as friends, relatives or other representatives (prior written consent from the complainant is required)
- A resident or group of residents who have been affected by our activities and/or services in the locality
How to make a complaint
We offer a range of ways for our customers to make a complaint.
In writing: Lumen Housing, 348-350 Lytham Road, Blackpool, FY4 1DW
Email: hello@myblackpoolhome.co.uk
By telephone: 01253 477222
Making a complaint in person:
We are able to accept complaints in person, however customers will need to book an appointment in advance.
Making a complaint via the Website:
You can make a complaint via the contact us page: https://lumenhousing.co.uk/contact-us/
Accessibility
We are committed to making our complaints process accessible to all and can offer help and support to ensure any concerns from customers are listened to and understood. On making a complaint, our Complaints Handling Officer will provide 1-1 assistance throughout the process. Complainants can also seek assistance or advice through external agencies, for example Citizens Advice.
In line with the Equality Act 2010 our Reasonable Adjustments Policy sets out our commitment to equality of opportunity for all and what types of assistance we may be able to provide to support customers to make a complaint.
Customers may prefer to have a representative deal with their complaint on their behalf, and to be represented and/or accompanied at any meeting with us. This may be by an advocate, carer, family member, elected member, agency, or professional body. Where this is the case we must receive or hold a signed authority from the customer which authorises us to communicate with the customer’s appointed advocate or representative.
A customer may contact the Housing Ombudsman at any time throughout the course of their complaint for advice and support.
Confidentiality
All complaint information will be handled sensitively and in accordance with relevant data protection requirements.
Where a customer posts on social media pages, we will ensure privacy at all times by directing the complaint to private message to ensure privacy and confidentiality. If a customer posts personal details on a public post, this will be removed to protect their privacy and confidentiality.
Protecting the vulnerable
Some complaints received by Lumen Housing may have “safeguarding” issues. This could be where someone’s life is at risk or a serious crime has been committed. When complaints of this nature are received, Lumen Housing staff will be required to make a safeguarding referral in line with Lumen Housing Safeguarding Policy and Procedure.
Whilst the details of the complaint will be considered, the safety of the service user is paramount and takes precedent over any other procedures.
RESOLVING COMPLAINTS
Early and local resolution
Due to the nature of our services, our residents may present a wide range of problems or queries to staff members on a daily basis. In many cases, issues raised by our customers are best resolved by the service responsible for the problem arising, as they may be able to resolve it swiftly to the satisfaction of the complainant. These matters will be dealt with outside of this Policy as Early Resolution cases, however records will be kept for audit and learning purposes. In such cases the customer will be advised of their choice to make a formal complaint.
If the customer remains dissatisfied, or requests complaint is made, we will log the issue as a formal complaint in line with this Policy.
Stage 1 – Formal Complaint
If a formal complaint is received, a member of the Lumen Housing Team, will take responsibility for facilitating the complaint and be the ‘Complaints Officer’ and all complaint actions are recorded. Any urgent issues that relate to safeguarding or health or safety will be flagged by the Complaint Officer to the relevant service manager.
The Complaints Officer will:
- Act sensitively and fairly
- Be trained to handle complaints and deal with distressed and upset residents
- Access staff at all levels to facilitate quick resolution of complaints
- Have the authority and autonomy to resolve disputes quickly and fairly
Complaints will be acknowledged, defined and logged at stage 1 of our complaints procedure within five working days of the complaint being received.
Within the complaint acknowledgement, we will set out our understanding of the complaint (the complaint definition) and the outcomes the complainant is seeking. If any aspect of the complaint is unclear, we will ask the complainant for clarification and agree the complaint definition.
Stage 1 formal complaints will be investigated by a Lumen Housing Senior Officer/Manager who will act as the complaint handler and must:
- deal with complaints on their merits, act independently and have an open mind;
- give the resident a fair chance to set out their position;
- take measures to address any actual or perceived conflict of interest; and
- consider all relevant information and evidence carefully
A complaint response will be sent to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Where complainants raise additional matters during the investigation, these will be incorporated into the stage 1 response if they are relevant and the stage 1 response has not been issued.
A complaint response will be sent to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue, are completed. Where complainants raise additional matters during the investigation, these will be incorporated into the stage 1 response if they are relevant and the stage 1 response has not been issued. Where new issues raised relate to separate matters, the stage 1 response has been issued, or it would unreasonably delay the response, the complaint will be logged as a new complaint.
Any outstanding actions required to address issues will be allocated to Service Managers to track action promptly, keeping the complainant updated appropriately.
The Stage one will response will confirm in writing the following:
- the complaint stage
- the complaint definition
- the decision on the complaint
- the reasons for any decisions made
- the details of any remedy offered to put things right
- details of any outstanding actions
- details of how to escalate the matter to stage 2 if the complainant is not satisfied with the answer.
A full response to Stage 1 complaints will be issued within 10 working days of the complaint being acknowledged.
We will consider the complexity of the complaint and if an extension to the expected timescale is required we will inform the complainant of the expected timescale for response. An extension will be no more than 10 working days without good reason and will clearly explain any reasons to the complainant.
Whenever we inform a complainant about an extension to response timescales, we will provide the contact details of the Housing Ombudsman.
Stage 2 Final stage for internal resolution – Appeal Panel
Once a Stage 1 response has been issued, if all or part of the complaint is not resolved to the complainant’s satisfaction, it will be progressed to stage 2 of this procedure, unless an exclusion ground now applies that did not apply at stage 1.
Each request for escalation will be considered on its own merits, along with the individual circumstances of each complaint.
We will not progress to stage 2 of this procedure if the exception reasons outlined in section 6 of this policy apply.
If we decide not to escalate a complaint as there is a valid reason not to do so, we will evidence the reasoning and provide a detailed written explanation to the customer setting out the reasons why the matter is not suitable for the complaints process within 10 working days of a request being made.
All customers have the right to challenge this decision by bringing their complaint to contacting the Housing Ombudsman.
We will only escalate a complaint to Stage 2 once it has completed Stage One and at the request of the resident.
In instances where we decline to escalate a complaint, we will clearly communicate in writing our reasons for not escalating. The complainant will have the right to approach the Housing Ombudsman about our decision and this will be confirmed in the written response, along with information on how to contact the Housing Ombudsman.
The complainant has 25 working days from the date of the Stage 1 response to request an escalation, however discretion will be applied and escalation requests that have gone beyond 25 days will be considered on a case by case basis.
Once an escalation request has been received, it will be acknowledged within 5 working days, confirming our understanding of the complaint (the ‘complaint definition’) and the outcomes the resident is seeking. Complainants are not required to explain their reasoning for requesting escalation and Lumen Housing will make reasonable efforts to understand why the complainant remains unhappy. The acknowledgement letter will also provide confirmation of the Appeal Hearing date and the complainant’s right to attend.
The Stage 2 consideration will not be conducted by the same person that completed the Stage 1 investigation and response.
Stage 2 consists of an Appeal Panel, including the Director responsible for the service area and a Head of Service that has been trained to deal with complaints and provide an independent impartial view. If the relevant Director is unavailable in the timescales or has already had involvement that may impact on their impartiality another Director will substitute for them.
All customers and/or their representative will be extended an invite to attend the Appeal Panel meeting or will be offered the opportunity to provide evidence to the panel again in a way that suits their needs. This means that the customer can ask that the panel is held virtually, or at a venue other than Lumen Housing’s Head Office.
The response to the Stage 2 complaint will be provided to the complainant in writing within 20 working days of the escalated complaint being acknowledged.
We will consider the complexity of the complaint, and if an extension to the expected timescale is required we will inform the complainant of the expected timescale for response. An extension will be no more than 20 working days without good reason and we will clearly explain any reasons.
Whenever we inform a complainant about an extension to response timescales, we will provide the contact details of the Housing Ombudsman.
Where a response to a complaint will fall outside the timescales set out in this policy we will agree with the resident suitable intervals for keeping them informed about the progress of the complaint investigation.
A complaint response will be sent to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed.
Where complainants raise additional matters during the investigation, these will be incorporated into the Stage 2 response if they are relevant and the Stage 2 response has not been issued. Where new issues raised relate to separate matters, the Stage 2 response has been issued, or it would unreasonably delay the response, the complaint will be logged as a new complaint.
Any outstanding actions required to address issues will be allocated to Service Managers to track action promptly, keeping the complainant updated appropriately.
When the Stage 2 investigation has been completed, a written response to the complainant will be provided in clear, plain language: The Stage 2 response will address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate. The Stage 2 response will also confirm:
- the complaint stage
- the complaint definition
- the decision on the complaint
- the reasons for any decisions made
- the details of any remedy offered to put things right
- details of any outstanding actions
- details of how to escalate the matter to the Ombudsman Service if the individual remains dissatisfied.
The Stage 2 is the final response and marks the end of Lumen Housing’s complaints process.
Putting things right
Where something has gone wrong, we will acknowledge this and set out the actions we have already taken or intend to take to put things right. This may include:
- Apologising;
- Acknowledging where things have gone wrong;
- Providing an explanation, assistance or reasons;
- Taking action if there has been delay;
- Reconsidering or changing a decision;
- Amending a record or adding a correction or addendum;
- Providing a financial remedy;
- Changing policies, procedures or practices
Any remedy offered must reflect the impact on the resident as a result of any fault identified. The remedy offer must clearly set out what will happen and by when, in agreement with the resident where appropriate. Any remedy proposed must be followed through to completion. Lumen Housing will take account of the guidance issued by the Housing Ombudsman when deciding on appropriate remedies.
Closing a complaint
A complaint will be considered closed under the following circumstances:
- After sending a Stage 1 response and there is no further contact from the customer after 25 working days from the issue of the response. (If a complainant makes contact with the same issue, additional evidence or requesting to escalate beyond 25 days then the circumstances will be considered and if appropriate the complaint will be re-opened and escalated. If new matters are raised then this will be opened as a new Stage 1 complaint.)
- When a Stage 2 response has been issued.
We have the discretion to close a complaint early if we believe that it is better dealt with through another channel and it is in the complainant’s interest to do so, or where it is suspected that the complaint is based on fraudulent information and/or activity. This will be communicated to the complainant along with their right to approach the Housing Ombudsman about our decision.
Housing Ombudsman
A customer can complain to the Housing Ombudsman Service at any time but the complaint will usually be referred back to us if it has not been through the full internal complaints process.
The Ombudsman will also only consider the matter if you have contacted them within 12 months of your original complaint.
A customer can refer their complaint to the Housing Ombudsman by:
Visiting http://www.housing-ombudsman.org.uk
Phone: 0300 111 3000
Phone line opening hours are:
Monday, Tuesday, Wednesday, Friday 9am – 5pm
Thursday 9am – 3.30pm
Housing Ombudsman Service
PO Box 1484
Unit D
Preston
PR2 0ET
