Housing Ombudsman Complaint Handling Code: self-assessment
Date of assessment: 1st October 2022
Thrive Homes is committed to being compliant with the Housing Ombudsman's Complaint Handling Code.
The purpose of this self-assessment is to identify where we are already compliant and identify any areas where we can make improvements. The following criteria is provided by the Housing Ombudsman (HO).
Download a copy of the self-assessment submission here
1. Definition of a complaint
Mandatory 'must' requirements
1.2 A complaint must be defined as:
‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.
Does Thrive comply: Yes
Thrive defines a complaint on our website as: ‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.
1.3 The resident does not have to use the word ‘complaint’ for it to be treated as such. A complaint that is submitted via a third party or representative must still be handled in line with the landlord’s complaints policy.
Does Thrive comply? Yes
Customers do not have to use the word complaint; they can be unhappy with the service they have received or not had an issue resolved satisfactorily.
1.6 … if further enquiries are needed to resolve the matter, or if the resident requests it, the issue must be logged as a complaint.
Does Thrive comply? Yes
1.7 A landlord must accept a complaint unless there is a valid reason not to do so.
Does Thrive comply? Yes
1.8 A complaints policy must clearly set out the circumstances in which a matter will not be considered, and these circumstances should be fair and reasonable to residents.
Does Thrive comply? Yes
Our process includes what isn’t a complaint and where the Customer should go to get the matter resolved.
1.9 If a landlord decides not to accept a complaint, a detailed 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.
Does Thrive comply? Yes
As set out above in 1.7, Thrive also provides a full response letter including the rights to take the decision to the Ombudsman and the contact details.
Best practice 'should' requirements
1.4 Landlords should recognise the difference between a service request, where a resident may be unhappy with a situation that they wish to have rectified, and a complaint about the service they have/have not received.
Does Thrive comply? Yes
1.5 Survey feedback may not necessarily need to be treated as a complaint, though, where possible, the person completing the survey should be made aware of how they can pursue their dissatisfaction as a complaint if they wish to.
Does Thrive comply? Yes
IFF advise customers how to pursue dissatisfaction as a complaint if they wish to when they are carrying out Customer surveys.
2. Accessibility and awareness
Mandatory 'must' requirements
2.1 Landlords must make it easy for residents to complain by providing different channels through which residents can make a complaint such as in person, over the telephone, in writing, by email and digitally. While the Ombudsman recognises that it may not be feasible for a landlord to use all of the potential channels, there must be more than one route of access into the complaints system.
Does Thrive comply? Yes
Customers can make complaints in person, letter, email, via the customer portal and website. The following social media channels are also available; facebook and messenger, twitter, Linked in.
2.3 Landlords must make their complaint policy available in a clear and accessible format for all residents. This will detail the number of stages involved, what will happen at each stage and the timeframes for responding.
Does Thrive comply? Yes
The complaint policy is available on our website. Customers are also able to request this is sent to them via email or post by contacting our Customer Service Team.
2.4 Landlord websites, if they exist, must include information on how to raise a complaint. The complaints policy and process must be easy to find on the website.
Does Thrive comply? Yes
Thrive's website includes information on how to raise a complaint. This is easy to access on our website.
2.5 Landlords must comply with the Equality Act 2010 and may need to adapt normal policies, procedures, or processes to accommodate an individual’s needs. Landlords must satisfy themselves that their policy sets out how they will respond to reasonable adjustments requests in line with the Equality Act and that complaints handlers have had appropriate training to deal with such requests.
Does Thrive comply? Yes
EDI Statement of intent allows for reasonable adjustments in line with the Equality Act.
2.6 Landlords must publicise the complaints policy and process, the Complaint Handling Code and the Housing Ombudsman Scheme in leaflets, posters, newsletters, online and as part of regular correspondence with residents.
Does Thrive comply? Yes
The complaints process is included in the following:
Acknowledgement letters/emails and formal responses, online, in the annual report and is included in newsletters and other mailouts throughout the year.
2.7 Landlords must provide residents with contact information for the Ombudsman as part of its regular correspondence with residents.
Does Thrive comply? Yes
Contact information for the HO is included in all complaints’ correspondence with Customers.
2.8 Landlords must provide early advice to residents regarding their right to access the Housing Ombudsman Service throughout their complaint, not only when the landlord’s complaints process is exhausted.
Does Thrive comply? Yes
Thrive provide the right to access the Housing Ombudsman service at the point of acknowledgment and throughout the life of the complaint.
Best practice 'should' requirements
2.2 Where the landlord has set up channels to communicate with its residents via social media, then it should be expected to receive complaints via those channels. Policies should contain details of the steps that will be taken when a complaint is received via social media and how confidentiality and privacy will be maintained.
Does Thrive comply? Yes
Steps that will be taken when a complaint is received via social media and how confidentiality and privacy will be maintained are included in our complaints process and our privacy policy.
3. Complaint handling personnel
Mandatory 'must' requirements
3.1 Landlords must have a person or team assigned to take responsibility for complaint handling to ensure complaints receive the necessary attention, and that these are reported to the governing body. This Code will refer to that person or team as the “complaints officer”.
Does Thrive comply? Yes
Thrive has a full time Engagement and Feedback Officer that reports into the Customer Experience Lead. Duties include complaint handling and reporting to the governing body.
3.2 The complaint handler appointed must have appropriate complaint handling skills and no conflicts of interest.
Does Thrive comply? Yes
Best practice 'should' requirements
3.3 Complaint handlers should:
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be able to act sensitively and fairly
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be trained to handle complaints and deal with distressed and upset residents
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have access to staff at all levels to facilitate quick resolution of complaints
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have the authority and autonomy to act to resolve disputes quickly and fairly.
Does Thrive comply? Yes
All complaints handlers have received training.
4. Complaint handling principles
Mandatory 'must' requirements
4.1 Any decision to try and resolve a concern must be taken in agreement with the resident and a landlord’s audit trail/records should be able to demonstrate this. Landlords must ensure that efforts to resolve a resident’s concerns do not obstruct access to the complaints procedure or result in any unreasonable delay. It is not appropriate to have extra named stages (such as ‘stage 0’ or ‘pre-complaint stage’) as this causes unnecessary confusion for residents. When a complaint is made, it must be acknowledged and logged at stage one of the complaints procedure within five days of receipt.
Does Thrive comply? Yes
Customers have access to the complaints process via all communications channels including the website. Staff are trained to recognise the difference between feedback and complaints and to log and acknowledge as necessary. The complaints process sets out that we will acknowledge a complaint in line with the HO timescales.
4.2 Within the complaint acknowledgement, landlords must set out their understanding of the complaint and the outcomes the resident is seeking. If any aspect of the complaint is unclear, the resident must be asked for clarification and the full definition agreed between both parties.
Does Thrive comply? Yes
The acknowledgment template sets out the understanding of the complaint and the outcomes the resident is seeking. Thrive also contacts the Customer to discuss the complaint and agree the actions, This is all set out in our process.
4.6 A complaint investigation must be conducted in an impartial manner.
Does Thrive comply? Yes
Thrive has a list of case handlers to allocate complaints to. The appropriate case handler will be selected so that the investigation is conducted in an impartial manner. All complaints are Quality checked by the Engagement and Feedback Officer before they are sent to the Customer.
4.7 The complaint handler must:
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deal with complaints on their merits
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act independently and have an open mind
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take measures to address any actual or perceived conflict of interest
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consider all information and evidence carefully
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keep the complaint confidential as far as possible, with information only disclosed if necessary, to properly investigate the matter.
Does Thrive comply? Yes
The complaint handlers have been trained ensure that they meet all these criteria. Training will be delivered throughout the year.
4.11 Landlords must adhere to any reasonable arrangements agreed with residents in terms of frequency and method of communication.
Does Thrive comply? Yes
Thrive use an action plan throughout the life of the complaint. The action plan is agreed with the customer, timescales and arrangements agreed are set out in this document and shared with the customer.
4.12 The resident, and if applicable any staff member who is the subject of the complaint, must also be given a fair chance to:
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set out their position
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comment on any adverse findings before a final decision is made.
Does Thrive comply? Yes
As part of the Thrive process, customers are contacted within 1 working day of making the complaint to set out their position. It is also part of the process to contact the customer not later then 1 working day before the complaint is due to agree the final decision.
4.13 A landlord must include in its complaints policy its timescales for a resident to request escalation of a complaint.
Does Thrive comply? Yes
This is included within the complaints process.
4.14 A landlord must not unreasonably refuse to escalate a complaint through all stages of the complaints procedure and must have clear and valid reasons for taking that course of action. Reasons for declining to escalate a complaint must be clearly set out in a landlord’s complaints policy and must be the same as the reasons for not accepting a complaint.
Does Thrive comply? Yes
This is included within the complaints process. As well as this Thrive have a clear response template that is used specifically for explaining reasons why we would not escalate a complaint.
4.15 A full record must be kept of the complaint, any review and the outcomes at each stage. This must include the original complaint and the date received, all correspondence with the resident, correspondence with other parties and any reports or surveys prepared.
Does Thrive comply? Yes
All records of complaints are logged on our systems and original documents are files in our electronic document management system. Any reviews, outcomes or other relevant correspondence relating to the complaints are also logged and recorded against the cases.
4.18 Landlords must have policies and procedures in place for managing unacceptable behaviour from residents and/or their representatives when pursuing a complaint.
Does Thrive comply? Yes
This sits within the complaints process and the staff protection policy.
Best practice 'should' requirements
4.3 Landlords should manage residents’ expectations from the outset, being clear where a desired outcome is unreasonable or unrealistic
Does Thrive comply? Yes
It is part of the process for Thrive to contact the resident within 1 working day of the complaint being logged to talk through the complaint and agree the desired outcome.
4.4 A complaint should be resolved at the earliest possible opportunity, having assessed what evidence is needed to fully consider the issues, what outcome would resolve the matter for the resident and whether there are any urgent actions required.
Does Thrive comply? Yes
4.5 Landlords should give residents the opportunity to have a representative deal with their complaint on their behalf, and to be represented or accompanied at any meeting with the landlord where this is reasonable.
Does Thrive comply? Yes
This sits within the complaints process and all correspondence to the customer throughout the life of the complaint.
4.8 Where a key issue of a complaint relates to the parties’ legal obligations landlords should clearly set out their understanding of the obligations of both parties.
Does Thrive comply? Yes
4.9 Communication with the resident should not generally identify individual members of staff or contractors.
Does Thrive comply? Yes
Colleagues have been trained to not identify staff and contractors, this also sits within the complaints process and all correspondence is quality checked by the Engagement and Insights Officer before it is sent to the resident to ensure that anonymity has been adhered to.
4.10 Landlords should keep residents regularly updated about the progress of the investigation.
Does Thrive comply? Yes
The action plan agreed with the customer sets out timescales and deadlines for updates so that the customer is kept fully informed.
4.16 Landlords should seek feedback from residents in relation to the landlord’s complaint handling as part of the drive to encourage a positive complaint and learning culture.
Does Thrive comply? Yes
IFF Research carry out a survey with customers in relation to complaint handling monthly.
4.19 Any restrictions placed on a resident’s contact due to unacceptable behaviour should be appropriate to their needs and should demonstrate regard for the provisions of the Equality Act 2010.
Does Thrive comply? Yes
5. Complaint stages
Mandatory 'must' requirements
5.1 Landlords must respond to the complaint within 10 working days of the complaint being logged. Exceptionally, landlords may provide an explanation to the resident containing a clear timeframe for when the response will be received. This should not exceed a further 10 days without good reason.
Does Thrive comply? Yes
Thrive is compliant with the HO timescales.
5.5 A complaint response must 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. Outstanding actions must still be tracked and actioned expeditiously with regular updates provided to the resident.
Does Thrive comply? Yes
Thrive closes the complaint when the answer is known and any open follow up actions are tracked and monitored using the action plan agreed with the resident.
5.6 Landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
Does Thrive comply? Yes
All points are agreed and summarised verbally and in writing with the resident.
5.8 Landlords must confirm the following in writing to the resident at the completion of stage one in clear, plain language:
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the complaint stage
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the decision on the complaint
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the reasons for any decisions made
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the details of any remedy offered to put things right
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details of any outstanding actions
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details of how to escalate the matter to stage two if the resident is not satisfied with the answer
Does Thrive comply? Yes
Thrive are compliant, our letters clearly set out and address all these points.
Stage 2
5.9 If all or part of the complaint is not resolved to the resident’s satisfaction at stage one it must be progressed to stage two of the landlord’s procedure, unless an exclusion ground now applies. In instances where a landlord declines to escalate a complaint it must clearly communicate in writing its reasons for not escalating as well as the resident’s right to approach the Ombudsman about its decision.
Does Thrive comply? Yes
Reasons for not escalating a complaint and the right to approach the HO, are set out clearly to the resident in writing using the following template.
5.10 On receipt of the escalation request, landlords must set out their understanding of issues outstanding and the outcomes the resident is seeking. If any aspect of the complaint is unclear, the resident must be asked for clarification and the full definition agreed between both parties.
Does Thrive comply? Yes
An escalation request is acknowledged in line with the HO timescales and all issues outstanding, and outcomes requires are agreed with the resident and put into writing along with a new action plan.
5.11 Landlords must only escalate a complaint to stage two once it has completed stage one and at the request of the resident.
Does Thrive comply? Yes
This sits in our complaints process
5.12 The person considering the complaint at stage two, must not be the same person that considered the complaint at stage one.
Does Thrive comply? Yes
5.13 Landlords must respond to the stage two complaint within 20 working days of the complaint being escalated. Exceptionally, landlords may provide an explanation to the resident containing a clear timeframe for when the response will be received. This should not exceed a further 10 days without good reason.
Does Thrive comply? Yes
Thrive is compliant with the HO timescales.
5.16 Landlords must confirm the following in writing to the resident at the completion of stage two in clear, plain language:
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the complaint stage
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the complaint definition
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the decision on the complaint
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the reasons for any decisions made
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the details of any remedy offered to put things right
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details of any outstanding actions and
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if the landlord has a third stage, details of how to escalate the matter to stage three
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if this was the final stage, details of how to escalate the matter to the Housing Ombudsman Service if the resident remains dissatisfied.
Does Thrive comply? Yes
Stage 3
5.17 Two stage landlord complaint procedures are ideal. This ensures that the complaint process is not unduly long. If landlords strongly believe a third stage is necessary, they must set out their reasons for this as part of their self-assessment. A process with more than three stages is not acceptable under any circumstances.
Does Thrive comply? N/A
Thrive has a 2 stage complaints process.
5.20 Landlords must confirm the following in writing to the resident at the completion of stage three in clear, plain language:
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the complaint stage
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the complaint definition
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the decision on the complaint
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the reasons for any decisions made
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the details of any remedy offered to put things right
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details of any outstanding actions
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details of how to escalate the matter to the Housing Ombudsman Service if the resident remains dissatisfied
Does Thrive comply? N/A
Best practice 'should' requirements
Stage 1
5.2 If an extension beyond 20 working days is required to enable the landlord to respond to the complaint fully, this should be agreed by both parties.
Does Thrive comply? Yes
All extensions are agreed with customers verbally and followed up by confirming the agreement in writing. It is also part of the internal process for case handlers to seek approval for extensions from the Engagement and Insights Officer.
5.3 Where agreement over an extension period cannot be reached, landlords should provide the Housing Ombudsman’s contact details so the resident can challenge the landlord’s plan for responding and/or the proposed timeliness of a landlord’s response.
Does Thrive comply? Yes
The Housing Ombudsman’s contact details are provided in all correspondence about complaints.
5.4 Where the problem is a recurring issue, the landlord should consider any older reports as part of the background to the complaint if this will help to resolve the issue for the resident.
Does Thrive comply? Yes
Engagement and Insights Officer will always look to see what historical and relevant information is on the system to identify if it is a repeat problem and include this in the case file if it will help to resolve the case.
5.7 Where residents raise additional complaints during the investigation, these should be incorporated into the stage one response if they are relevant and the stage one response has not been issued. Where the stage one response has been issued, or it would unreasonably delay the response, the complaint should be logged as a new complaint.
Does Thrive comply? Yes
Stage 2
5.14 If an extension beyond 10 working days is required to enable the landlord to respond to the complaint fully, this should be agreed by both parties.
Does Thrive comply? Yes
All extensions are agreed with customers verbally and in writing. It is also part of the internal process for case handlers to seek approval for extensions from the Engagement and Insights Officer.
5.15 Where agreement over an extension period cannot be reached, landlords should provide the Housing Ombudsman’s contact details so the resident can challenge the landlord’s plan for responding and/or the proposed timeliness of a landlord’s response
Does Thrive comply? Yes
Housing Ombudsman contact details are provided in all letters about complaints.
Stage 3
5.18 Complaints should only go to a third stage if the resident has actively requested a third stage review of their complaint. Where a third stage is in place and has been requested, landlords must respond to the stage three complaint within 20 working days of the complaint being escalated. Additional time will only be justified if related to convening a panel. An explanation and a date for when the stage three response will be received should be provided to the resident.
Does Thrive comply? N/A
5.19 Where agreement over an extension period cannot be reached, landlords should provide the Housing Ombudsman’s contact details so the resident can challenge the landlord’s plan for responding and/or the proposed timeliness of a landlord’s response.
Does Thrive comply? N/A
6. Putting things right
Mandatory 'must' requirements
6.1 Effective dispute resolution requires a process designed to resolve complaints. Where something has gone wrong a landlord must acknowledge this and set out the actions it has already taken, or intends to take, to put things right.
Does Thrive comply? Yes
Letter templates guide the case handler to acknowledge what has gone wrong, set out actions taken and what they will do to put things right.
6.2 Any remedy offered must reflect the extent of any service failures and the level of detriment caused to the resident as a result. A landlord must carefully manage the expectations of residents and not promise anything that cannot be delivered or would cause unfairness to other residents.
Does Thrive comply? Yes
Guidance on compensation can be found on Thrive’s website.
6.5 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.
Does Thrive comply? Yes
Letter templates set out next steps. An action tracker is in place and checked weekly to ensure that all actions have been followed up within relevant timescales.
6.6 In awarding compensation, a landlord must consider whether any statutory payments are due, if any quantifiable losses have been incurred, the time and trouble a resident has been put to as well as any distress and inconvenience caused.
Does Thrive comply? Yes
Thrive have a compensation policy that is shared with customers online.
Best practice 'should' requirements
6.3 Landlords should look beyond the circumstances of the individual complaint and consider whether anything needs to be ‘put right’ in terms of process or systems to the benefit of all residents.
Does Thrive comply? Yes
On completion lessons learned are recorded and service improvements are identified, tracked and monitored by business areas.
6.7 In some cases, a resident may have a legal entitlement to redress. The landlord should still offer a resolution where possible, obtaining legal advice as to how any offer of resolution should be worded.
Does Thrive comply? Yes
7. Continuous learning and improvement
Mandatory 'must' requirements
7.2 Accountability and transparency are integral to a positive complaint handling culture. Landlords must report back on wider learning and improvements from complaints in their annual report and more frequently to their residents, staff and scrutiny panels.
Does Thrive comply? Yes
Thrive reports to the business on wider learning and improvements monthly and board quarterly. “Listening, learning and improving” is shared with Customers on the website and updated monthly it is also included in our annual report.
Best practice 'should' requirements
7.3 A member of the governing body should be appointed to have lead responsibility for complaints to support a positive complaint handling culture. This role will be responsible for ensuring the governing body receives regular information on complaints that provides insight to the governing body on the landlord’s complaint handling performance.
Does Thrive comply? Yes
The AD Customer reports on complaints to the Customer, Colleague and Governance Committee to ensure that the governing body receives regular information on complaints performance. Complaints’ performance is also reported on the balanced scorecard which board and committees have oversight of.
7.4 As a minimum, governing bodies should receive:
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regular updates on the volume, categories and outcome of complaints, alongside complaint handling performance including compliance with the Ombudsman’s orders
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regular reviews of issues and trends arising from complaint handling,
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the annual performance report produced by the Ombudsman, where applicable
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individual complaint outcomes where necessary, including where the Ombudsman made findings of severe maladministration or referrals to regulatory bodies. The implementation of management responses should be tracked to ensure they are delivered to agreed timescales.
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the annual self-assessment against the Complaint Handling Code for scrutiny and challenge.
Does Thrive comply? Yes
Quarterly complaints summaries are provided to CCG, Board and the Exec team, these include;
• volume, categories and outcome of complaints, alongside complaint handling performance including compliance with the Ombudsman’s orders
• issues and trends arising from complaint handling
• The annual performance report produced by the Ombudsman, where applicable
• Individual complaint outcomes where necessary, including where the Ombudsman made findings of severe maladministration or referrals to regulatory bodies. The implementation of management responses should be tracked to ensure they are delivered to agreed timescales. The annual self-assessment against the Complaint Handling Code for scrutiny and challenge.
7.5 Any themes or trends should be assessed by senior management to identify potential systemic issues, serious risks or policies and procedures that require revision. They should also be used to inform staff and contractor training.
Does Thrive comply? Yes
All themes and trends are reviewed monthly by Assistant Directors, and changes or additions to policies, procedures are implemented. Risks are assessed and used to inform staff and contractor training.
7.6 Landlords should have a standard objective in relation to complaint handling for all employees that reflects the need to:
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have a collaborative and co-operative approach towards resolving complaints, working with colleagues across teams and departments
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take collective responsibility for any shortfalls identified through complaints rather than blaming others
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act within the Professional Standards for engaging with complaints as set by the Chartered Institute of Housing.
Does Thrive comply? Yes
The balanced scorecard monitors complaints handling. All colleagues have an objective to improve our customers experience with specific attention on management of complaints
8. Self-assessment and compliance
Mandatory 'must' requirements
8.1 Landlords must carry out an annual self-assessment against the Code to ensure their complaint handling remains in line with its requirements.
Does Thrive comply? Yes
Thrive carry out the annual self-assessment and have shared with the wider business and residents online.
8.2 Landlords must also carry out a self-assessment following a significant restructure and/or change in procedures
Does Thrive comply? Yes
8.3 Following each self-assessment, a landlord must:
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report the outcome of their self-assessment to their governing body. In the case of local authorities, self-assessment outcomes should be reported to elected members
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publish the outcome of their assessment on their website if they have one, or otherwise make accessible to residents
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include the self-assessment in their annual report section on complaints handling performance
Does Thrive comply? Yes
Thrive have met the criteria for sharing and publishing the annual self-assessment