Section 2: Exclusions
Code provision 2.1
Requirement
Landlords must accept a complaint unless there is a valid reason not to do so. If landlords decide not to accept a complaint they must be able to evidence their reasoning. Each complaint must be considered on its own merits
Do we comply?
Yes
Evidence
Our online Comments, Compliments and Complaints procedure.
Commentary / explanation
Our Comments, Compliments and Complaints procedure details what we may not accept as a complaint and provides alternative avenues for these issues where possible.
When a complaint is not accepted, the resident is formally advised of this in writing, with the reason(s) why, and provided with the contact details for the Housing Ombudsman.
Code provision 2.2
Requirement
A complaints policy must set out the circumstances in which a matter will not be considered as a complaint or escalated, and these circumstances must be fair and reasonable to residents. Acceptable exclusions include:
- The issue giving rise to the complaint occurred over twelve months ago.
- 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.
- Matters that have previously been considered under the complaints policy.
Do we comply?
Yes
Evidence
Our online Comments, Compliments and Complaints procedure.
Commentary / explanation
This is set out in our Comments, Compliments and Complaints procedure in the section titled ‘What will not be treated as a complaint under this procedure’.
Code provision 2.3
Requirement
Landlords must accept complaints referred to them within 12 months of the issue occurring or the resident becoming aware of the issue, unless they are excluded on other grounds. Landlords must consider whether to apply discretion to accept complaints made outside this time limit where there are good reasons to do so.
Do we comply?
Yes
Evidence
Our online Comments, Compliments and Complaints procedure.
Commentary / explanation
This is detailed in our Comments, Compliments and Complaints procedure.
The decision to decline to investigate a complaint is made by the Customer Care & Complaints Manager and is only done on the grounds of time limits when the length of time that has passed means we would be unlikely to be able to obtain the evidence to conduct a fair and thorough investigation.
Code provision 2.4
Requirement
If a landlord decides not to accept a complaint, an 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 Ombudsman. If the Ombudsman does not agree that the exclusion has been fairly applied, the Ombudsman may tell the landlord to take on the complaint.
Do we comply?
Yes
Evidence
See our Annual housing complaint performance service improvement report.
Commentary / explanation
When a complaint is not accepted, the resident is formally advised of this in writing, with the reason(s) why, and provided with the contact details for the Housing Ombudsman.
The number of complaints rejected and the reasons for this are recorded, monitored and reported on in our Annual Complaint Handling & Service Improvement report.
Code provision 2.5
Requirement
Landlords must not take a blanket approach to excluding complaints; they must consider the individual circumstances of each complaint.
Do we comply?
Yes
Evidence
Our online Comments, Compliments and Complaints procedure.
Commentary / explanation
This is set out in our Comments, Compliments and Complaints procedure in the section titled ‘What will not be treated as a complaint under this procedure’.
