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 Council Housing Complaints Policy.
Commentary / explanation
Points 5.1 and 5.3 of our Policy.
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 Council Housing Complaints Policy.
Commentary / explanation
Point 5.1 of our Policy.
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 Council Housing Complaints Policy.
Commentary / explanation
Point 5.1 of our Policy.
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
Our Council Housing Complaints Policy.
Commentary / explanation
Point 5.4 of our Policy.
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 Council Housing Complaints Policy.
Commentary / explanation
Point 5.3 of our Policy.
