1.0

Introduction

1.1

The Patmore Co-operative treats Complaints very seriously. Residents have a right to complain. The Co-operative will try to provide the best possible service, but it will not always get it right. When this happens, the Co-operative must have an effective complaints procedure. This must allow the resident to draw the problem to the Co-operative's attention and allow the Co-operative to deal with it.

If the Co-operative makes a mistake, if there is a problem with a resident's home which is the fault of the Co-operative, or the service is not up to scratch, the Co-operative needs to apologise and try to remedy the situation as quickly as possible.

The procedure must be simple and ensure the resident feels confident that their complaint is taken seriously.

The Patmore Co-Operative Manager will be the key manager for complaints handling and investigation at Stage 1, unless the Patmore Co-Operative Manager chooses, or is required to refer to another officer or committee member (for example if the complaint is regarding the Co-Operative Manager).

Our managers and committee members will undergo training as necessary and be familiar with the Complaint Handling Code.

Stage 2 will be carried out by Wandsworth Council officers to ensure we are complying with the code.

In order to deliver a high standard of service to our residents, the council and Patmore Co-Operative meet regularly, and learning from complaints is shared.

1.2

Regulatory framework

Patmore Co-Operative must record all complaints made in person at our office, via telephone, email, other online messaging services such as WhatsApp or letter. [Insert RMO Name], like the council, must adopt the Housing Ombudsman Complaint Handling Code’s definition of a complaint which is as follows:

“An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation/landlord, its own staff, or those acting on its behalf, affecting an individual/resident or group of individuals/residents”.

Patmore Co-Operative and Wandsworth are required to use a two stage complaints process, as set out by the Housing Ombudsman.

Stage 1: An investigation is carried out by a manager involved with the service and a response is given.

If a complainant is unhappy with the response, they may escalate their complaint to a Stage 2

Stage 2: A review of the complaint response is undertaken by a senior manager at Wandsworth and a response given.

If the complainant is still unhappy, they may approach an ombudsman as the last and final stage.

2.0

Defining Complaints

2.1

What is a complaint?

A complaint may concern one or more of the following:

· Patmore Co-Operative has done something which the resident considers should not have been done

· Patmore Co-Operative has failed to do something that they consider should have been done

· The service provided by Patmore Co-Operative was not good enough; the resident received poor quality of service or there was poor communication

· There has been a failure or a delay in providing a service

· Mistakes were made in the way a decision has been reached, or a case has been handled

· Patmore Co-Operative has given incorrect or misleading information

· Staff have been rude or unhelpful or behaved inappropriately

· A contractor hired to undertake work by Patmore Co-Operative may have caused any of the above

A resident does need to use the word complaint or state that they would like to make a complaint for it to be treated as such, for example “I am not happy with” is an expression of dissatisfaction, and so a complaint. You should be offered the opportunity to raise a complaint. Residents have a choice as to whether their expression of dissatisfaction is treated as a complaint.

If you want extra help, complaints from representatives of residents will be handled in line with the Complaints policy. If you want a relative, Citizens Advice staff or someone else to represent you, we will accept their complaint on your behalf.

Complaints should be accepted if made within 12 months of the issue occurring, or of the resident becoming aware of the issue. Discretion should be applied to include complaints outside of this timeframe, where appropriate

3.0

Exclusions from our Complaints Process

Services for which there is an alternative appeal or tribunal process will not be dealt with using our complaints procedure. These include for example:

· Housing Benefit disputes

· Council Tax disputes

· First time requests for works (Service Requests)

· Requests for information (these are dealt with under separate procedures: the Freedom of Information Act and Subject Access Requests)

· Data protection complaints, as there is a separate complaints process and final recourse is the Information Commissioner’s Office

· A complaint that has already been considered by the Council and completed both stages of the Corporate Complaints’ Procedure.

· A complaint where either the resident, [Insert RMO Name] or the Council has started legal proceedings

· A complaint that is being, or has been investigated, by the Local Government and Social Care Ombudsman or Housing Ombudsman Service

For a comprehensive list of what does and does not constitute a complaint please see the council’s website.

If we exclude an issue form the complaints process, then we will always provide an explanation why. Where possible we will direct you to the right body for handling the issue you raise. We will also always remind residents of their right to take that decision to the Housing Ombudsman for review. You have a right to contact the Ombudsman at any time.

3.2

Service Requests

Not all contact with the [Insert RMO Name] will be a complaint. There may be general feedback on staff or services. Most commonly will be requests for the council to take action on something. These are Service Requests.

The definition of a fault or service request “a request that the organisation provides or improves a service, fixes a problem or reconsiders a decision”.

Issues such as missed bin collections, faulty communal lighting, block cleaning issues or requesting repairs to a property may not, in the first instance, be treated as a formal complaint. If you contact us about these matters or minor repairs, they will at first be dealt with as faults or service requests. We aim to resolve as many issues as possible promptly in line with our repairs policy or the policies of Wandsworth Council where they are responsible.

If residents need to raise the same issue more than twice or are dissatisfied with how their service request has been handled, the issue can be dealt with as a formal Stage 1 complaint.

If a complaint is raised in relation to a failed service request or the handling of a service request will not stop or stall a resolution to the service request issue.

4.0

Making a Complaint

4.1

How can residents make a complaint?

People can raise a complaint via the following means:

· Online via www.patmorecoop.org.uk

· Send an email to Team@patmorecoop.org.uk or CLaytham@patmorecoop.org.uk

· Write a letter to Patmore Co=Operative, Drury House, Stewarts Road, London SW8 4JJ

· Telephone 020 7622 4495

· Raise a complaint in person at our office

To help us, please try and include:

· who you are

· explain what the issue is

· what you would like us to do about it

If we need further information, we will contact you.

Complaints regarding housing can often be emotional. We will check if a resident is vulnerable and make any reasonable adjustments might need to be made when handling the complaint. If you need help in making a complaint, or adjustments to help you understand our process and responses, please let us know.

We ask residents please be respectful of staff and abide by the code of conduct if applicable. [link to code of conduct if applicable]

4.2

Recording Complaints

Throughout the complaints process, we will keep detailed records. These will be shared with the council to ensure that we are complying with our responsibilities under The Complaint Handling Code.

Public reporting on complaints will not share identifying details. Please see our [link GDPR Statement] and [link Data Protection Policy] for further details.

The council may also share details with the Housing Ombudsman or the Local Government and Social Care Ombudsman, if required to do so.

5.0

The Complaints Process

5.1

Stage 1 – Receiving a complaint (up to 5 Working Days)

When a complaint is raised, our staff will log the complaint as soon as possible.

· We will acknowledge receipt of the complaint by email, post or phone within 5 working days

· The acknowledgement must set out our understanding of the complaint, the outcomes the resident is seeking, which aspects they are and are not responsible for.

· The 5 working days is counted when any officer or contractor received the complaint

It may be that the complaint is for another department or team, if this is the case the complaint will be passed on immediately to the relative team, and the resident informed that this has happened.

If a complaint is regarding the Manager a more senior officer will lead, this may be the Chair of the committee, or if there is no more senior officer then it may be passed to the relevant Area Housing Manager in the Resident Services Department of Wandsworth Council. Where this is the case, we will notify the resident.

5.2

Stage 1 – Investigation (up to 10 working days)

Details of the complaint and what outcome is required need to be clear to assist us in resolving the complaint. In some cases, further information may be needed about the complaint to fully consider the matter. If further details are required, we will contact the complainant and ask for more information.

If the investigation and response cannot be completed within 10 working days, we may need to extend the timescale for an additional 10 working days, only in exceptional circumstances. If we need to do this, we will contact the complainant in writing to explain why more time is needed, the expected timescale for a response. This should include agreeing with the resident, suitable intervals for keeping them informed.

A manager from Patmore Co-Operative will oversee an investigation, gather evidence and come to a decision about the complaint. The decision will be: upheld, partially upheld, not upheld.

A written response will be provided to a complaint within 10 working days from of the complaint being acknowledged. This means the complainant will receive a response within a maximum of 15 working days from the date their complaint is received except in the exception circumstances outlined above.

Each complaint response will contain the following:

· the name of the manager investigating

· contact details

· the unique case number

· what stage the complaint is being investigated under

· the details of the complaint

· any evidence or information used to make a decision

· the decision either: upheld, partially upheld, not upheld

· If upheld or partially upheld, an apology and any recommended outcomes such as work to take place or compensation

· Any learning to stop the problem occurring again

· What to do if the resident is unhappy with the complaint response, how to escalate to Stage 2.

· details for the Housing Ombudsman.

Residents will get a response, once the answer or an action plan is known, rather than waiting until all outstanding actions have been completed.

Where the stage 1 response has not yet been issued and a further complaint is made that is related to the initial complaint, it should be incorporated into the stage 1 response. Where there are new issues that are unrelated to the original complaint, or where it would cause unreasonable delay to add to the response, the new issues must be logged as a new complaint.

5.3

Stage 2 – Receiving a complaint (up to 5 Working Days)

If the complainant is still unhappy following the Stage 1 response, they will be advised to raise their complaint to Wandsworth Council’s Resident Services Department. [Insert RMO name] may forward their request for escalation on the person’s behalf and should inform the complainant they have done so and provide the contact details for the Resident Services Department. The council have up to 5 working days to send an acknowledgement. Residents do not need to provide a reason for their escalation.

· The Resident Services Department must acknowledge receipt of the complaint by email, post or phone within 5 working days.

· The acknowledgement must set out the council’s understanding of the complaint, the outcomes the resident is seeking, which aspects they are and are not responsible for.

· The 5 working days is counted when any council officer, RMO officer or contractor received the complaint

Stage 2 – Review (up to 20 working days)

The council then has up to 20 working days from the date of the acknowledgement to review and respond.

The review will be undertaken by a Senior Manager or Head of Service at Wandsworth Council. Stage 2 complaints will not be considered by the same person that was involved in the stage 1 response.

· A resident does not have to provide a reason for escalation. The landlord should make efforts to understand why the resident remains dissatisfied, making use of extensions, if necessary, but should perform the investigation based on the information it has if the resident is not forthcoming with further information.

· The Council will provide a written response, with a decision on the complaint, following a review at Stage 2 within 20 working days from receipt. This means the recipient will receive a response within a maximum of 25 working days of receipt of their stage 2 complaint.

· A complaint response should be provided when the answer or an action plan is known, rather than waiting until all outstanding actions have been completed.

· If the Council are not able to meet this timescale as the case is more complex, they may extend up to an additional 20 working days. The complainant will be kept informed by the Corporate Complaints Team. This should include agreeing with the resident, suitable intervals for keeping them informed. The complainant should be advised why more time is required, the expected timescale for a response, and a record must be kept on file and recorded.

· [insert RMO name here] will be informed of the outcome

At the end of the Stage 2 response the complainant will be provided with the contact details of the Housing Ombudsman Service, as that would be the complainant’s next and final recourse if still dissatisfied.

If there remain any outstanding actions, the complainant should be kept updated until those are completed.

5.5

Beyond Stage 2 – Ombudsman Services

If the complainant is still dissatisfied, they may contact the Housing Ombudsman Service directly. The Housing Ombudsman Service is an independent, impartial, and free service for social housing residents.

The Housing Ombudsman Service make the final decision on disputes between residents and landlords that are registered members of the Scheme. This includes residents and leaseholders of social landlords (Wandsworth as a local authority is required to be part of the scheme. RMOs such as [insert RMO name here] not need to register themselves, their services are covered by Wandsworth’s membership).

The Local Government & Social Care Ombudsman may also act as an ombudsman in some cases; however, the Housing Ombudsman will deal with all complaints about the Councils’ landlord function from its tenants and leaseholders.

6.0

Accessibility

6.1

We will ensure that the complaints process is fully accessible for people with disabilities or other vulnerabilities. Options such as large print, translation, support workers should be considered based upon the request of the resident.

You can complain to any member of our staff, and they will accept your complaint.

7.0

Publicising Our Complaints Policy

The Complaints policy will be available in a clear and accessible format for all residents. This may require it to be provided in large print, braille or in the appropriate language for residents to understand.

The policy will be available in the reception area of the Patmore Co-Operative office at Drury House, on our website www.patmorecoop.org.uk and via newsletters annually.

8.0

The Housing Ombudsman Service

8.1

The Housing Ombudsman Service will consider complaints about:

· leasehold services such as sales processes for leasehold properties, and general leasehold services provided by the landlord such as repair responsibilities under the lease

· moving to a property such as type of tenancy offered, mutual exchange or decision to renew a fixed term tenancy

· rent and services charges

· occupancy rights including succession, assignment and possession proceedings

· property condition e.g. repairs, major works or disabled adaptations

· tenant behaviour e.g. anti-social behaviour harassment or noise nuisance

· estate management e.g. cleaning or communal repairs, parking

· complaint handling e.g. delays in the process

· compensation e.g. home loss or disturbance payments or for tenant improvements

As of 1 April 2024, a new Complaint Handling Code became statutory, meaning that landlords are obliged by law to follow its requirements. The Code aims to achieve best practice in complaints handling and ultimately to provide a better service to residents. For the latest information please check the website of the Housing Ombudsman.

8.2

The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion:

· are made prior to having exhausted a member’s complaints procedure, unless there is evidence of a complaint handling failure and the Ombudsman is satisfied that the member has not acted within a reasonable timescale

· were brought to the Ombudsman’s attention normally more than 12 months after they exhausted the member’s complaints procedure

· were not brought to the attention of the member as a formal complaint within a reasonable period which would normally be within 12 months of the matters arising

· concern policies which have been properly decided by the member in accordance with relevant and appropriate best practice, unless the policy may give rise or contribute to a systemic service failure

· concern the level of rent or service charge or the amount of the rent or service charge increase

· concern matters that are, or have been, the subject of legal proceedings and where a complainant has or had the opportunity to raise the subject matter of the complaint as part of those proceedings

· concern matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, a designated person, other tribunal or procedure

· concern the terms and operation of commercial or contractual relationships not connected with the complainant’s application for, or occupation of, a property for residential purposes

· concern matters raised by a complainant on behalf of another without their authority, unless the complainant does not have capacity to authorise representation

· fall properly within the jurisdiction of another Ombudsman, regulator or complaint-handling body

· are being pursued in an unreasonable manner including frivolous or vexatious complaints

· seek to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon

· concern matters which, in the Ombudsman’s opinion, do not cause significant adverse effect to the complainant

· concern matters where the complainant is seeking an outcome which is not within the Ombudsman’s authority to provide

For a full and detailed examples of the above please visit Housing Ombudsman Service website.