Meeting documents
Executive (I)
Monday, 10th March, 2014
| REPORT TO: | 10 |
| DECISION NUMBER: | PH/30/2014 |
| EARLIEST DATE FOR DECISION: | 10th March 2014 |
DESIGNATED PERSONS - CHANGES TO THE WAY HOUSING COMPLAINTS ARE DEALT WITH | |
| Matter for Consideration: The purpose of this report is to detail changes to the housing complaints process as set out in the Localism Act 2011. Specifically this relates to the introduction of an optional step in Blackpool Coastal Housing Ltd's complaints process via a designated person and the transfer of local authority housing landlord complaints from the local government Ombudsman to the Housing Ombudsman. | |
| Information: On 1st April 2013 the new process for complaints handling, as outlined in the Localism Act 2011, came into effect, which brought all social landlords under the jurisdiction of the Housing Ombudsman (HO). It is anticipated that this will provide a consistent approach in the handling of complaints for residents whether their landlord is a Council or Housing Association. This will also include complaints from leaseholders of social landlords. However, complaints from leaseholders disputing their service charges will not be considered under this process but will instead be considered by a Leasehold Valuation Tribunal (LVT) as is currently the case. The Localism Act 2011 states that from 1 April 2013 complainants who have exhausted their landlord’s internal complaints process can only refer their complaint to the Housing Ombudsman Service, 8 weeks after receiving the final response from their landlord. If the complainant does not wish to wait 8 weeks they can request to have their complaint reviewed by a designated person. By introducing the role of the designated person the intention is to involve local politicians and local people in resolving local housing issues. A designated person can be an MP, a local Councillor, or a Tenant Panel. Landlords do not have to set up Tenant Panels but they are expected to support their formation and activities if their tenants want them. To be effective, the Tenant Panel must be ‘recognised’ by the landlord. The contact details of all recognised Tenant Panels must be forwarded to the Housing Ombudsman who will include this information on their National register of recognised Tenant Panels. The option of setting up a Tenant Panel has been discussed and explored by Blackpool Coastal Housing Ltd with the tenant scrutiny Group (TOWER). TOWER wish to continue their focus on scrutiny activity rather than take on a wider remit incorporating a Designated Panel. Blackpool Coastal Housing Ltd also involve customers during the internal stages of the complaints process providing an independent view of individual complaints. TOWER therefore feel that their involvement would add little additional value. Although the Housing Ombudsman (HO) can advise designated persons on good practice in complaint handling, the HO has no jurisdiction over designated person and has no authority to regulate or produce guidance for their selection, activity or conduct. A designated person does not have power over an organisation’s policies and procedures, although they may suggest ways they could be improved. A designated person would not be expected to make a formal judgement about the merits of a complaint, but if they do, their judgement would not be binding. They are not a tribunal, they do not carry out the role of the Ombudsman and they are not an additional bureaucratic stage in a complaints procedure. Their role is to facilitate resolution of tenant complaints, which may involve them providing advice to tenants; advocating on their behalf; discussing matters with the landlord. They are not a tribunal, they donor carry out the role of the Ombudsman and they are not an additional bureaucratic stage in a complaints procedure. Their role is to facilitate resolution of tenant complaints, which may involve them providing advice to tenants; advocating on their behalf; discussing matters with the landlord. | |
| Does the information submitted include any exempt information? | NO |
| Legal Considerations: The Housing Ombudsman Scheme is an approved national scheme, pursuant to s.51 of and schedule 2 of the Housing Act 1996, as amended by section 180 of Part 6 to the Localism Act 2011. The national Scheme came into effect on 1 April 2013.The council as a Local Housing authority in England (being a registered provider of social housing) is a social landlord (s.51 (2) of and schedule 2 to the Housing Act 1996) and therefore must be a member of the Housing Ombudsman Scheme | |
| Personnel Considerations: None | |
| Financial Considerations: The financing of the Scheme will be through a subscription payable to the Housing Ombudsman by each member with the subscription calculated by reference to the total number of units of accommodation owned or managed by a member, paying the service £1.47 per unit of housing stock per year. Local authorities and Arms Length Management Organisations have the Local Government Ombudsman’s costs covered by government grant aid. Government has agreed to switch this funding to the housing ombudsman to cover 2013/14 before new arrangements are put in place for 2014 onwards. | |
| Performance Management Considerations: None | |
| Risk Management Considerations: None | |
| Relevant Officer: Steve Matthews, Head of Strategic Housing and Planning | |
| Relevant Cabinet Member: Councillor S. Blackburn | |
| Consultation Undertaken: With Blackpool Coastal Housing Ltd's scrutiny group (TOWER) | |
| Background Papers: | |
| Is this a key decision? | NO |
| Is the decision required in less than 5 days? | NO |
| Recommendations: To note the contents of the report. To agree that the Housing Ombudsman’s changes should be implemented by the Council. To agree that the Cabinet Member for Housing, Public Protection and Street Scene is appointed as the designated person. | |
| Reasons for Recommendations: It is necessary for the Council to address how complaints about housing will be dealt with. | |
| Is the recommendation contrary to a plan or strategy adopted or approved by the Council? | NO |
| Is the recommendation in accordance with the Council’s approved Budget? | YES |
| Other alternative options to be considered: None, the requirement is statutory. | |
| Policy, Overview, and Scrutiny Committee Chairman (where appropriate) Date Informed: N/A Date Approved: N/A | |
| DECLARATION(S) OF INTEREST (if applicable) None | |
| Decision: The Leader of the Council agreed the recommendations as outlined above namely: 1. To note the contents of the report. 2. To agree that the Housing Ombudsman’s changes should be implemented by the Council. 3. To agree that the Cabinet Member for Housing, Public Protection and Street Scene is appointed as the designated person. | |
| Date: | 10th March 2014 |
| Reason for Decision: It is necessary for the Council to address how complaints about housing will be dealt with. | |
Date of Publication: | 10th March 2014 |
[ ]
