Complaints
To make a complaint about the service you have received from Barnsbury Housing Association please visit our Compliments & Complaints page or you can contact us.
Read BHA’s Complaints Policy [Updated July 23]
Introduction
At BHA we strive to provide quality service. If a resident feels that the service they have received from our team, or someone acting on BHA’s behalf, has fallen below an acceptable standard, then they can make a formal complaint. This can also include where we did not do something we said we would, gave out wrong information, did not follow our processes or procedures or communicated with someone in an inappropriate way.
Although we will always seek to follow this policy when dealing with complaints, we reserve the right to use discretion when applying the policy and may deal with a complaint differently where individual circumstances merit it. In these circumstances, any discretion will be applied fairly and appropriately, and the resident will be informed at the earliest opportunity of any departure from this policy.
We acknowledge that any complaint should be progressed as far as possible to maximise the opportunity to resolve a dispute. If we do not accept the complaints as detailed above, we will advise the resident in writing and provide the details of the Housing Ombudsman Service.
Principles
This policy will be applied fairly and objectively and will not discriminate against any individual on the grounds of any protected characteristic. During a complaints process, we are committed to:
· Apologise and accept responsibility where we have failed.
· Act quickly to identify the problem and put it right.
· Ensure a fair and consistent approach to the resolution of complaints.
· Keep the resident informed throughout the complaints process, providing reasonable timeframes and managing expectations throughout the process.
· Listen to our residents, treat them with respect and get the right outcome for them.
We welcome feedback about our service. BHA has a positive approach to complaints and record feedback and reviews complaints and compliments regularly at Leadership Team meetings. This allows us to recognise and build on what we are doing well, as well as identify areas where the service needs to improve.
What is a complaint?
BHA defines a complaint using the Housing Ombudsman’s standard definition:
“An expression of dissatisfaction, however made, about the standard of service, actions or lack of action by BHA, our own staff, or those acting on our behalf, affecting an individual resident or group of residents.”
The resident does not need to use the word ‘complaint’ for us to treat the issue as a complaint. Some clarification may be sought with the resident on receipt of a complaint.
The policy covers:
· dissatisfaction with any aspect of the service we have provided.
· dissatisfaction with the standard of service provided by our staff or someone acting on our behalf. This includes professionalism and conduct.
· where we have failed to follow our policies and procedures.
We will not accept complaints in the following circumstances:
· If the complaint is made more than six months after the matter has come to the resident’s attention unless there are exceptional circumstances to this delay, for example, if the complainant was incapacitated due to ill health, if the complaint was not recorded when it should have been, or in some circumstances where the complaints concern safeguarding or health and safety issues.
· Complaints about another BHA resident. BHA’s Anti-Social Behaviour (ASB) policy will be used to investigate this instead. However, BHA will investigate a complaint about how an ASB case was handled.
· If the issue has already been dealt with as a complaint – unless there is new evidence/information provided regarding a closed complaint.
· If the resident making the complaint refuses to engage with BHA in a reasonable manner.
· If the resident or BHA has initiated legal proceedings related to the complaint. If BHA receives legal instruction or correspondence during the handling of a complaint, BHA reserves the right to hand over the case to our legal representative and write to inform the resident the complaint is closed.
· A first request for a service, like a repair – this will be treated as a service request.
· About one of our policies, unless it is about how our policies have been applied.
· A claim for damages which should be handled as an insurance claim.
· About the action of an individual or organisation we have no control over.
If your complaint does not align with our criteria for acceptance, we will ensure you are informed about it, and you will receive written confirmation of our decision.
If the resident wishes to appeal this decision, they will be provided with information of how to contact the Housing Ombudsman service.
Unreasonable behaviour
There may be times when we feel that contact with us about the complaint is unreasonable. This is set out in our Unacceptable Behaviour Policy.
In summary, behaviour that we would consider unreasonable includes:
· Whether there is a likelihood that complaints are being made to intentionally cause harassment, divert resources or to disrupt the proper workings of the organisation.
· Whether there have been persistent or unreasonable demands made in the past.
· Evidence of abusive or threatening behaviour to staff or producing excessive correspondence.
· Whether the complainant or their representative displays unreasonable behaviour.
· Repeated complaints about issues that have already been considered through our complaints process where no new information is provided.
· Excessive contact to BHA staff whilst your complaint is being investigated.
· Intimidating, threatening, or using offensive or abusive language towards, or about, our staff or contractors.
· Contacting members of staff outside of work, including through their personal social media accounts.
If contact is made with the Chief Executive or any other member of the Leadership Team directly to complain, the complaint will be passed to the relevant staff member, who will respond following this policy.
In these cases, while focusing on, and seeking to resolve the substance of any complaint, we will manage the behaviour in line with the following:
· Communicating through a third party.
· Limiting contact to a named member of staff or email address.
· Limiting contact to a specific communication form (e.g. via email).
· Limiting contact to specific dates and times.
Where unreasonable behaviour persists, we may stop all direct communication whilst we investigate the issues raised and reach our final decision. We may also do this where unreasonable behaviour persists after we have made our final decision. If we stop direct communication, we will explain why in writing within 5 working days and advise of the next steps.
Making a complaint
Anyone who has received a service from BHA (or those acting on behalf of BHA) who is dissatisfied with that service can make a complaint.
Where a group wishes to make a collective complaint, or where a complaint is made in the form of a petition, this should be done through a single representative. We will require written authorisation from all complainants that they agree to the complaint and the representative complaining on their behalf.
A representative or advocate can make a complaint on behalf of a resident. They must provide signed authority from the resident. This could be a friend, relative or a representative of an external organisation. MPs and councillors can also act on behalf of a resident.
How to make a complaint:
Residents can make a complaint through any means, including by phone call, email, letter or via our website. Complaints can also be made in person to a BHA staff member.
Email: info@barnsbury.org
Phone: 020 7704 2324
Address: Barnsbury Housing Association, 4-6 Colebrooke Place, London, N1 8HZ
A complainant can contact the Housing Ombudsman Service at any point throughout their complaint for advice.
Where a resident requires help to make a complaint, we strive to support where possible (with permission from the resident), including encouraging the use of a representative or advocate where appropriate.
BHA will make any reasonable adjustments to the complaints policy and procedure to meet a resident’s needs as covered in BHA’s Reasonable Adjustments policy. Residents are encouraged to request a copy of the Reasonable Adjustments policy if they wish to review it.
If the complaint has been made anonymously, BHA must still investigate the matter.
The complaint handler must:
· Deal with complaints on merit.
· Act independently and have an open mind.
· Take measures to address any actual or perceived conflict of interest.
· Consider all information and evidence carefully.
· Keep the complaint confidential as much as possible.
The Complaints Procedure
When you bring a complaint to our team, one of our members will carefully record your report and promptly notify the relevant colleague and their manager of the complaint. All related correspondence will be logged alongside your initial complaint, providing important background information for our investigation.
BHA’s Business Support Officer will have the responsibility to oversee the complaints process internally and they will be copied into any complaint. Complaints will be handled in accordance with best practice as described by the Housing Ombudsman.
Quick Resolution (quick fix)
When a resident informs us that they are not happy about something, we will consider whether it is something we can put right quickly, without needing to go through our formal complaint procedure.
Examples can include:
· Resolving an issue about a repair or an appointment.
· Clarification of information previously been given.
· Clarification of how our policies or procedures are applied.
· Paying compensation.
Issues that we might not consider suitable for a quick fix include:
· Where there are multiple issues to be resolved.
· Where the resolution requires the input of external agencies.
· Where a home visit or inspection is required.
· Unhappiness about the behaviour or attitude of a member of staff or contractor.
If the complainant would prefer us to deal with the issue as a formal complaint straight away, then we will log it as a Stage One complaint. Throughout the process we will ensure that residents know that they can approach the Housing Ombudsman at any stage.
Stage 1 Complaint
BHA will provide a written acknowledgement of a complaint within 5 working days of its receipt and begin the investigation into the complaint during this time.
BHA’s acknowledgement will include a point of contact and a statement of the complaint BHA will investigate. If the resident disagrees with this statement or wishes to alter their complaint, they should make BHA aware within 2 working days of this.
We may contact the complainant to discuss the complaint, and to better understand the issue and the outcome the complainant is looking for.
We will manage expectations from the outset, being clear where it desired outcome is unreasonable or unrealistic. A full response to the complaint will be provided within 10 working days of the original complaint.
If BHA is unable to provide a full response within 10 working days, the resident will be contacted to let them know when to expect the full response.
If we require more time to complete our investigation, we will discuss this with the complainant and may extend our response time by a further 10 working days.
If BHA has carried out or identified any actions to be carried out to resolve this complaint, they will be detailed in BHA’s response to the resident. The resident will be advised if their complaint is not upheld, partially upheld, or upheld. If the resident is not satisfied with BHA’s response, the resident must inform BHA within 15 working days of receiving it.
If the resident does not inform BHA of this within 15 working days BHA will consider the complaint resolved. BHA will extend this only in exceptional circumstances.
Stage 2 Complaint
If the resident is not satisfied with BHA’s Stage 1 response, the complaint will be escalated to a senior manager (Chief Executive, Housing & Communities Director, or Asset Manager) to review as a Stage 2 Complaint.
BHA will provide an acknowledgement that the complaint has been escalated as a Stage 2 Complaint within 5 working days.
Where appropriate the senior manager may contact the resident to discuss the complaint further to understand why they feel BHA’s initial response was unsatisfactory and what actions can be taken to resolve the complaint.
The senior manager will inform the resident of the outcome of the Stage 2 complaint within 20 working days of the initial request to escalate the complaint.
If BHA are unable to provide a full response within this timescale will contact the resident to let the resident know when to expect the full response. If during the senior manager’s investigation, BHA has identified any additional actions to resolve the Stage 2 complaint, these will be carried out and the complaint will be closed.
This would include giving the resident or the staff member a fair chance to set out their position and comment on any adverse findings before the final decision is made.
The manager will then send a full written response to the complainant detailing the outcome of the stage two complaint.
Where the decision is that no further action is required and that all reasonable and appropriate measures have been taken, the resident will be informed that they have reached the end of the complaints process and advised of the next available steps.
If the resident is not satisfied with BHA’s Stage 2 Complaint response, they should be provided with the details for the Housing Ombudsman Service as detailed in the next steps below.
Next steps
The complainant will be advised to refer their complaint directly to the Housing Ombudsman Service. They will usually formally investigate a complaint once our internal complaints process has been exhausted.
We will include these details in all correspondence.
Housing Ombudsman,
PO Box 152,
Liverpool L 33 7 WQ.
Tel: 0300 111 3000
info@housing-ombudsman.org.uk / www.housing-ombudsman.org.uk
BHA will make every effort to co-operate with any investigation into the complaint by the Housing Ombudsman service.
Compensation/apologies
If a complaint is upheld and the complainant has endured long or particularly difficult periods of inconvenience, distress, or monetary loss then BHA will refer to the Compensation Policy and negotiate a settlement with the complainant. No compensation will be payable to a third party.
Where financial claims are made against BHA which will involve us in notifying our insurers, then we will not be able to enter into discussion and correspondence in respect of that complaint until the insurers have dealt with the claim.
Learning from feedback
BHA’s Complaints Policy is a key tool for our service to improve. BHA is committed to learning and improving from resident feedback. Compliments and complaints cases and KPI’s are regularly reported to BHA’s Board and BHA’s Resident Panel.
Emerging themes and feedback and lessons learned is monitored by the Leadership Team on a regular basis.
BHA will regularly report the lessons learned following a complaint and actions BHA has taken to resolve a complaint. Thia will be reported in our Annual Report.
BHA staff will regularly review complaints to identify any issues with BHA’s service or matters which may require staff training.
Data Protection and GDPR
BHA process and store personal information and data in line with the General Data Protection Regulation (GDPR) 2018. All complaints will be handled in line with BHA’s GDPR-related policies.
Any third parties representing a resident during the complaints process will be asked to provide a letter of authorisation to act on their behalf. Where there is no evidence to prove that they have been authorised to represent them in this way, BHA will ask for any other evidence which proves the complainant is happy to be represented by the third party.