Self-assessment

Self-assessment

against the Ombudsman's Complaints Handling Code
Last updated: June 2024

In this section

Section 1: Definition of a complaint

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 landlord, its own staff, or those acting on its behalf, affecting a resident or group of residents.’

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.1.1 (page 3).
  2. Learning and training
    All complaint handlers were trained in September 2022. A complaint handling e-learning module will be going live on our Learning Management system in August 2024 for new starters and will be available for existing colleagues to self-enrol on. Refresher messages will be posted on the organisation’s intranet in between Q2-Q3 2024.25.

B3Living align with the code definition, and this is evidenced in our complaints policy: 

A complaint is defined as “an expression of dissatisfaction, however made, about the standard of service, actions, or lack of actions by the organisation, its own staff, or those acting on its behalf, affecting a resident or groups of residents.”

 

1.3  A resident does not have to use the word ‘complaint’ for it to be treated as such. Whenever a resident expresses dissatisfaction landlords must give them the choice to make a complaint. A complaint that is submitted via a third party or representative must be handled in line with the landlord’s complaints policy. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 1-2), section 3.1.1, 3.1.3 (page 3) 3.1.4 (page 3), 3.1.6 (page 4).

B3Living align with the code and customers do not have to use the word complaint for it to be handled as a complaint. Customers can use an advocate/representative to make a complaint on their behalf, which includes an option for the customer to refute if they wish. See section 2 (page 1-2), section 3.1.4 (page 3), 3.1.6 (page 4). 

 

1.4  Landlords must recognise the difference between a service request and a complaint. This must be set out in their complaints policy. A service request is a request from a resident to the landlord requiring action to be taken to put something right. Service requests are not complaints, but must be recorded, monitored and reviewed regularly. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 2) and 3.1.2 (page 3), Appendix 1 Service requests or complaints flow charts (page 15,16)
  2. Learning and training
    All complaint handlers were trained in September 2022. Two Resolution Leads (who have responsibility for B3Living’s complaint process) have been trained April – May 2024 on the Housing Ombudsman complaint handling code and B3Living’s internal process which includes recognising the difference between a complaint and a service request. All Managers have been trained on a complaint definition and the difference between a complaint and a service request: May 2024. A complaint handling e-learning module will be going live on our Learning Management system in August 2024 for new starters and will be available for existing colleagues to self-enrol on.
    Refresher messages will be posted on the organisation’s intranet in between Q2-Q3 2024.25

B3Living recognise the difference between service requests and a complaint, and this will be addressed further in more staff training. B3Living’s guidance is to log all contacts and we are looking at a structure to make sure staff are consistently recording, monitoring and reviewing this. Our policy states: "A complaint is not a service request, B3Living will record all service requests in their housing system and monitor each request to completion. B3Living will record the area of service provision and the dates it was received and resolved." See section 2 (page 2) and 3.1.2 (page 3).

 

1.5  A complaint must be raised when the resident expresses dissatisfaction with the response to their service request, even if the handling of the service request remains ongoing. Landlords must not stop their efforts to address the service request if the resident complains.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 2), Appendix 1 Service requests or complaints flow charts (page 15,16)
  2. Learning and training
    All complaint handlers were trained in September 2022. Two Resolution Leads (who have responsibility for B3Living’s complaint process) have been trained April – May 2024 on the Housing Ombudsman complaint handling code and B3Living’s internal process which includes recognising the difference between a complaint and a service request. All Managers have been trained on a complaint definition and the difference between a complaint and a service request: May 2024. A complaint handling e-learning module will be going live on our Learning Management system in August 2024 for new starters and will be available for existing colleagues to self-enrol on. Refresher messages will be posted on the organisation’s intranet in between Q2-Q3 2024.25 

B3Living recognise and practice that a service request must remain ongoing even if a complaint case were to open. B3Living recognise that a service request and a complaint can run in parallel. Taking ownership is part of B3Living’s customer ethos.

 

1.6  An expression of dissatisfaction with services made through a survey is not defined as a complaint, though wherever possible, the person completing the survey should be made aware of how they can pursue a complaint if they wish to. Where landlords ask for wider feedback about their services, they also must provide details of how residents can complain. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 2.3)

B3Living run their surveys through IFF Research IFF Research | Independent Social & Market Research Agency. Our script says: 

"Thank you for your time, we really value your feedback. I hope you have a great day. B3Living accepts written or verbal complaints from customers, or their representatives, and customers can be accompanied by a representative at any meeting. You can check for further information on B3Living’s website (www.b3living.org.uk) or call them on 01992 453 700 (freephone: 0300 100 0023)." 

 

 

Section 2: Exclusions

2.1 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 and explanations

  1. Policies and procedures
    Policy: Section 2 (page 2), 3.1.6 (page 4)

Where there are valid reasons not to accept a complaint (section 2, page 2) B3Living provides a response to customers evidencing their reasons. B3Living’s policy says that we will: "Provide a detailed explanation to the customer if we decide not to accept a complaint based on the reasons set out in section 2. We will set out why the matter is not suitable for the complaints process. Following this a customer will be advised that they have the right to take that decision to the Housing Ombudsman and we will make the customer aware of how to contact the Housing Ombudsman."

 

2.2  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 and explanations

  1. Policies and procedures
    Policy: section 2 (page 2)

Under section 2 in B3Living’s policy, the circumstances in which a matter will not be considered as a complaint or escalated are set out. B3Living have included the Housing Ombudsman’s acceptable exclusions.

 

2.3  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 and explanations

  1. Policies and procedures
    Policy: section 2 (page 2)

B3Living align with the Housing Ombudsman and state in their policy: "B3Living will consider accepting complaints made outside of the time limit of 12 months where there are good reasons to do so."

 

2.4  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 and explanations

  1. Policies and procedures
    Policy: 3.1.6 (page 4)

B3Living’s policy states that we will: "Provide a detailed explanation to the customer if we decide not to accept a complaint based on the reasons set out in section 2. We will set out why the matter is not suitable for the complaints process. Following this a customer will be advised that they have the right to take that decision to the Housing Ombudsman and we will make the customer aware of how to contact the Housing Ombudsman."

 

2.5  Landlords must not take a blanket approach to excluding complaints; they must consider the individual circumstances of each complaint.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.1.6 (page 4)

B3Living practice reviewing complaints on their own merits. B3Living’s policy states that we will: "Manage the complaints process efficiently and objectively, resolving problems as soon as possible and understanding which complaints require further investigation."

 

Section 3: Accessibility and awareness 

3.1 Landlords must make it easy for residents to complain by providing different channels through which they can make a complaint. Landlords must consider their duties under the Equality Act 2010 and anticipate the needs and reasonable adjustments of residents who may need to access the complaints process.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 1-2), 3.1.6 (page 4)

B3Living define this in the complaints policy; removing barriers and understanding customer needs. Our policy says: "If a customer needs support to provide us with feedback, we will work with them to identify the most suitable way to meet their needs; this may be through support from a B3Living colleague, from an external agency (e.g. a carer, interpreter, or translator), or by arranging translations of key documents."

 

3.2  Residents must be able to raise their complaints in any way and with any member of staff. All staff must be aware of the complaints process and be able to pass details of the complaint to the appropriate person within the landlord.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 1-2), 3.1.6 (page 4), 9.3 (page 13)
  2. Learning and training 
    All complaint handlers were trained in September 2022. Two Resolution Leads (who have responsibility for B3Living’s complaint process) have been trained April – May 2024 on the Housing Ombudsman complaint handling code and B3Living’s internal process and policy. All Managers have been trained on a complaint definition and the complaint process at B3Living, this is being cascaded down to team members and our intranet site updated with all relevant guidance: May – June 2024. A complaint handling e-learning module will be going live on our Learning Management system in August 2024 for new starters and will be available for existing colleagues to self-enrol on. Refresher messages will be posted on the organisation’s intranet in between Q2-Q3 2024.25.

B3Living’s complaint policy defines: "To remove any barriers, a customer may provide us feedback on our services using the method they find easiest, including: 

  • By phone – call a member of staff directly or via our main office number. 
  • In person – make an appointment to visit our office or talk to our staff. 
  • In writing – by email, letter, online, or using our app. 
  • Using an advocate / nominating a representative (e.g. a carer).
  • Seeking assistance from B3Living staff or a third-party agency (e.g. a British Sign Language translator, alternative language interpreter).

"Managers are responsible for ensuring that all staff are aware of the complaints process, policy, and definition of a complaint." 

 

3.3  High volumes of complaints must not be seen as a negative, as they can be indicative of a well-publicised and accessible complaints process.  Low complaint volumes are potentially a sign that residents are unable to complain.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures

The customer voice from complaints is reviewed at internal customer experience meetings and recorded in quarterly board papers.

 

3.4  Landlords must make their complaint policy available in a clear and accessible format for all residents. This will detail the two stage process, what will happen at each stage, and the timeframes for responding. The policy must also be published on the landlord’s website. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: the procedure is detailed in 3.2 (page 5-9).

B3Living adhere to the Housing Ombudsman code and detail to customers a two stage process, explaining clearly what happens at each stage. The policy is published on our website.  

 

3.5  The policy must explain how the landlord will publicise details of the complaints policy, including information about the Ombudsman and this Code.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.1.6, (page 4). 3.1.7 (page 5). 3.2.9 (page 7-8). 3.2.12 (page 9). 3.3.2 – 3.3.5 (page 9).

In the complaints policy, B3Living state that they will: "Make customers aware of the complaints policy and procedure through the B3Living website, policies, leaflets, and articles in customer newsletters, and as part of regular correspondence with customers." Information about the Housing Ombudsman is provided in all complaint letters sent out to customers from B3Living.

 

3.6  Landlords must 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.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 2 (page 1-2), 3.1.6 (page 4).

Customers can use an advocate/representative to make a complaint on their behalf, which includes an option for the customer to refute if they wish. See section 2 (page 1-2).  3.1.6 (page 4).

 

3.7  Landlords must provide residents with information on their right to access the Ombudsman service and how the individual can engage with the Ombudsman about their complaint.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.3.2 – 3.3.5 (page 9).

Information on accessing the Housing Ombudsman is given to customers at each stage of their complaint.

 

Section 4: Accessibility and awareness 

4.1  Landlords must have a person or team assigned to take responsibility for complaint handling, including liaison with the Ombudsman and ensuring complaints are reported to the governing body (or equivalent). This Code will refer to that person or team as the ‘complaints officer’. This role may be in addition to other duties.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures

From April 2024 B3Living have two Resolution Leads who have the responsibility for managing the complaints process and applying B3Living’s complaint policy. This does also include liaison with the Housing Ombudsman and ensuring that complaints are reported to B3Living’s governing body. Historically complaints at B3Living were service led and the complaint handling and process was managed by complaint handlers and complaint responders (who had other duties within the organisation) who were trained.

 

4.2  The complaints officer must have access to staff at all levels to facilitate the prompt resolution of complaints. They must also have the authority and autonomy to act to resolve disputes promptly and fairly.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures

From April 2024 B3Living have two Resolution Leads who have the responsibility for managing the complaints process and applying B3Living’s complaint policy. This does also access to staff at all levels to facilitate prompt and robust resolution of complaints. The Resolution Leads have the authority and autonomy to act to resolve disputes promptly and fairly and act with fairness and impartiality. Supporting the Resolution Leads is the Customer Influence Manager who also has the authority and autonomy to support effective complaint handling for B3Living’s customers.

Historically complaints at B3Living were service led and the complaint handling and process was managed by complaint handlers and complaint responders (who had other duties within the organisation) who were trained. They were supported by the Customer Influence Manager who had and still has the autonomy to intervene and work with complaint handlers and staff to assist in resolving complaints.  

 

4.3  Landlords are expected to prioritise complaint handling and a culture of learning from complaints. All relevant staff must be suitably trained in the importance of complaint handling. It is important that complaints are seen as a core service and must be resourced to handle complaints effectively.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
  2. Learning and training
    All complaint handlers were trained in September 2022. Two Resolution Leads (who have responsibility for B3Living’s complaint process) have been trained April – May 2024 on the Housing Ombudsman complaint handling code and B3Living’s internal process. All Managers have been trained on a complaint definition and the difference between a complaint and a service request. Training also covered B3Living’s framework of learning (lessons learnt from complaint and embedding actions from complaints): May 2024. A complaint handling e-learning module will be going live on our Learning Management system in August 2024 for new starters and will be available for existing colleagues to self-enrol on. Refresher messages will be posted on the organisation’s intranet in between Q2-Q3 2024.25 

From April 2024 B3Living have two Resolution Leads who have the responsibility for managing the complaints process and applying B3Living’s complaint policy. The Resolution Leads also have the responsibility of complaint reporting which includes looking at complaint themes and applying the framework of learning to all complaints. Supporting the Resolution Leads is the Customer Influence Manager who also has the authority and autonomy to support effective complaint handling for B3Living’s customers.  
 
Historically complaints at B3Living were service led and the complaint handling and process was managed by complaint handlers and complaint responders (who had other duties within the organisation) who were trained. They were supported by the Customer Influence Manager who had and still has the autonomy to intervene and work with complaint handlers and staff to assist in resolving complaints.

 

Section 5: the complaint handling process  

5.1  Landlords must have a single policy in place for dealing with complaints covered by this Code. Residents must not be treated differently if they complain.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures

B3Living has a single complaints policy and procedure that is compliant with the complaints handling code.

 

5.2  The early and local resolution of issues between landlords and residents is key to effective complaint handling. It is not appropriate to have extra named stages (such as ‘stage 0’ or ‘informal complaint’) as this causes unnecessary confusion.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7)

Every effort is made to resolve complaints as early as possible and with local resolution. B3Living have only a two stages process and this is defined within our complaint’s procedure.

 

5.3  A process with more than two stages is not acceptable under any circumstances as this will make the complaint process unduly long and delay access to the Ombudsman.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7)

B3Living have only a two stages process and this is defined within our complaint’s procedure.

 

5.4  Where a landlord’s complaint response is handled by a third party (e.g. a contractor or independent adjudicator) at any stage, it must form part of the two stage complaints process set out in this Code. Residents must not be expected to go through two complaints processes.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: Section 2 (page 2) and section 3.2.9 (page 7)

B3Living have only a two stages process and this is defined within our complaint’s procedure. There is no third party involved in B3Living’s complaints procedure.

 

5.5  Landlords are responsible for ensuring that any third parties handle complaints in line with the Code. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7)

There is no third party involved in B3Living’s complaints procedure.

 

5.6  When a complaint is logged at Stage 1 or escalated to Stage 2, landlords must set out their understanding of the complaint and the outcomes the resident is seeking. The Code will refer to this as “the complaint definition”. If any aspect of the complaint is unclear, the resident must be asked for clarification.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.6 (page 6), 3.2.12 (page 8)

"Acknowledgements will set out B3Living’s understanding of the complaint and the outcomes the customer is seeking, this will be known as the complaint definition. We will also confirm which stage the complaint is being logged at and who will be responsible for investigating the complaint. If any aspect of the complaint is unclear, we will ask the customer for clarification so a full definition of the complaint can be agreed and then investigated."

 

5.7  When a complaint is acknowledged at either stage, landlords must be clear which aspects of the complaint they are, and are not, responsible for and clarify any areas where this is not clear.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: Sections 3.1.6, 3.2.9 (page 7) 

B3Living’s complaint policy says that: "Investigations are impartial’ that ‘We will investigate the complaint fully’ and that ‘customers are given the opportunity to explain their point of view about the outcome they are seeking before a decision is reached’. Lastly that the ‘The member of staff considering the complaint at stage 2 will not be the same person who considered the complaint at stage 1."

 

5.8  At each stage of the complaints process, complaint handlers must:   

  1. Deal with complaints on their merits, act independently, and have an open mind
  2. Give the resident a fair chance to set out their position
  3. Take measures to address any actual or perceived conflict of interest
  4. Consider all relevant information and evidence carefully.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: Sections 3.1.6, 3.2.9 (page 7)

B3Living’s complaint policy says that: "Investigations are impartial’ that ‘We will investigate the complaint fully’ and that ‘customers are given the opportunity to explain their point of view about the outcome they are seeking before a decision is reached’. Lastly that the ‘The member of staff considering the complaint at stage 2 will not be the same person who considered the complaint at stage 1." 

 

5.9  Where a response to a complaint will fall outside the timescales set out in this Code, the landlord must agree with the resident suitable intervals for keeping them informed about their complaint.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures

B3Living aim to deliver all complaint responses within the timescales set out in the code including extensions. In the instances that a complaint falls outside these timescales then the Resolution Leads will make contact with the customer and agree suitable intervals for keeping them informed about their complaint.  

 

5.10   Landlords must make reasonable adjustments for residents where appropriate under the Equality Act 2010. Landlords must keep a record of any reasonable adjustments agreed, as well as a record of any disabilities a resident has disclosed. Any agreed reasonable adjustments must be kept under active review.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: Section 4 (page 11) 

Where a customer has informed us of a disability, B3Living record the disability with consent on their internal housing management system. We are improving our processes in this area to ensure consistency and make sure reasonable adjustments are kept under active review.

 

5.11   Landlords must not refuse to escalate a complaint through all stages of the complaints procedure unless it has valid reasons to do so. Landlords must clearly set out these reasons, and they must comply with the provisions set out in section 2 of this Code.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 8) 

B3Living comply with the provisions set out in the code on exclusions and won’t refuse to escalate a complaint unless there is a valid reason. 

 

5.12  A full record must be kept of the complaint, 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 relevant supporting documentation such as reports or surveys.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.11 (page 8)

B3Living record their full complaint handling in a series of workflows on their internal housing management system. This also includes all correspondence sent from B3Living and from the customer. Our policy states: "We will maintain records of the complaint, and any reviews or outcomes at each stage.  These will include the original complaint and the date received; all correspondence with the customer and with other parties; and any reports or surveys prepared.  These records will be stored in line with our data retention policy."

 

5.13   Landlords must have processes in place to ensure a complaint can be remedied at any stage of its complaints process. Landlords must ensure appropriate remedies can be provided at any stage of the complaints process without the need for escalation.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: Section 2 Page 3

Remedies to complaints can be offered at either stage of the complaint. Remedies include apologies, good will gestures and compensation. B3Living's policy states "It is not necessary for a customer to make a formal complaint if they are requesting compensation. Where a customer states they wish to complain but the subject is about seeking financial redress, we have a Compensation Policy." 

 

5.14  Landlords must have policies and procedures in place for managing unacceptable behaviour from residents and/or their representatives. Landlords must be able to evidence reasons for putting any restrictions in place and must keep restrictions under regular review. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.4 (page 10)

If a complainant and/or their representative is found to be unreasonable we will take appropriate action in line with our approach to tenancy management. We have a warning system on our internal housing management system where we issue informal warnings and then formal written warnings. This is determined by the evidence collected such as:  such as incident reports, witness statements. When we place the markers on our housing management system we write to customers to inform them of this and this is reviewed yearly, customers also have the right to appeal.

 

5.15 Any restrictions placed on contact due to unacceptable behaviour must be proportionate and demonstrate regard for the provisions of the Equality Act 2010.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Persistent/unreasonable behaviour complaints policy

B3Living have a persistent/unreasonable behaviour policy in place. The policy states that we will apply the policy consistently, fairly and with professionalism. We do not discriminate against any person on grounds of their age, disability, gender reassignment/ transgender, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation or any other matter that may cause a person to be treated with injustice. Additionally, B3Living complete EIAs for their policies and proportionality assessments are carried out within ASB cases when warnings are issued.

 

 

Section 6: complaint stages

Stage 1

 

6.1  Landlords must have processes in place to consider which complaints can be responded to as early as possible, and which require further investigation. Landlords must consider factors such as the complexity of the complaint and whether the resident is vulnerable or at risk. Most stage 1 complaints can be resolved promptly, and an explanation, apology or resolution provided to the resident.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.6 (page 6) 

We do have processes and are documenting these to make sure we are consistent in practice.

 

6.2  Complaints must be acknowledged, defined and logged at stage 1 of the complaints procedure within five working days of the complaint being received.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.6 (page 6) 

Written acknowledgements are provided within five working days of the complaint being received. They will include a complaint definition and the outcomes the customer is seeking to resolve their complaint.

 

6.3  Landlords must issue a full response to stage 1 complaints within 10 working days of the complaint being acknowledged.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

B3Living aim to issue a full response to all stage 1 complaints within 10 days.

 

6.4  Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 10 working days without good reason, and the reason(s) must be clearly explained to the resident.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

Where complaint cases are complex B3Living will extend a case to reach a full response for the customer. The extension will be no longer 10 working days and the customer will be informed.

 

6.5  When an organisation informs a resident about an extension to these timescales, they must be provided with the contact details of the Ombudsman.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7)

If an extension is required, we will write to the customer explaining the reasons for the extension and confirming the date they can expect to receive a written stage 1 response. Contact details of the Housing Ombudsman will also be provided in this letter.

 

6.6  A complaint response must be provided 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 promptly with appropriate updates provided to the resident.    

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy:3.2.8 (page 6), 3.2.9 (page 7) 

Written complaint responses are sent to the customer when the answer to complaint is known. Where there are any outstanding actions, these are listed within the written response with target dates and then kept on an action plan where we will keep the customer up to date.  

 

6.7   Landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.12 (page 8) 

At the completion of each complaint stage, B3Living will write to the customer addressing all points raised in the complaint definition. We will also provide reasons for any decisions made, including references to any policy, law, or good practice. 

 

6.8  Where residents raise additional complaints during the investigation, these must be incorporated into the stage 1 response if they are related and the stage 1 response has not been issued. Where the stage 1 response has been issued, the new issues are unrelated to the issues already being investigated or it would unreasonably delay the response, the new issues must be logged as a new complaint.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.7 (page 6) 

Our policy states: "Any additional complaints raised during the complaint investigation will be incorporated into the response if they are relevant, and if a response has not already been issued. Where responses have been issued or where the additional complaints would unreasonably delay the response, the issues should be logged as new complaints."

 

6.9  Landlords must confirm the following in writing to the resident at the completion of stage 1 in clear, plain language:   

  1. the complaint stage; 
  2. the complaint definition; 
  3. the decision on the complaint; 
  4. the reasons for any decisions made; 
  5. the details of any remedy offered to put things right; 
  6. details of any outstanding actions; and 
  7. details of how to escalate the matter to stage 2 if the individual is not satisfied with the response.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.12 (page 8-9) 

B3Living inform and confirm to the customer the complaint stage, definition, decision, reasons, remedy, action plans and escalations at the completion of stage 1 complaints and this is built into all template letters.

 

 

Stage 2

 

6.10  If all or part of the complaint is not resolved to the resident’s satisfaction at stage 1, it must be progressed to stage 2 of the landlord’s procedure. Stage 2 is the landlord’s final response. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

If customers are not satisfied by the response at stage 1 then they are able to escalate their complaint to stage 2 (final stage).  

 

6.11  Requests for stage 2 must be acknowledged, defined and logged at stage 2 of the complaints procedure within five working days of the escalation request being received.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

Written acknowledgements are provided within five working days of the complaint escalation being received.  

 

6.12  Residents must not be required to explain their reasons for requesting a stage 2 consideration. Landlords are expected to make reasonable efforts to understand why a resident remains unhappy as part of its stage 2 response. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

Customers are not required to explain their reasons for an escalation. B3Living will make every effort to understand the reasons for dissatisfaction.

 

6.13  The person considering the complaint at stage 2 must not be the same person that considered the complaint at stage 1.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

Our policy states: "The member of staff considering the complaint at stage 2 will not be the same person who considered the complaint at stage 1."

 

6.14  Landlords must issue a final response to the stage 2 within 20 working days of the complaint being acknowledged.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 7) 

Stage 2 complaints are responded to within the 20 working days, although we aim to provide the response as soon as we possibly can following a thorough investigation by a senior member of staff. 

 

6.15  Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 20 working days without good reason, and the reason(s) must be clearly explained to the resident.

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 8) 

Where complaint cases are complex B3Living will extend a case to reach a full response for the customer. The extension will be no longer 20 working days and the customer will be informed. 

 

6.16  When an organisation informs a resident about an extension to these timescales, they must be provided with the contact details of the Ombudsman.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (page 8) 

Our policy states: "If an extension is required, we will write to the customer explaining the reasons for the extension and confirming the date they can expect to receive a written stage 2 response. Contact details of the Housing Ombudsman will also be provided in this letter."

 

6.17  A complaint response must be provided 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 promptly with appropriate updates provided to the resident.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.8 (page 6), 3.2.10 (page 8) 

Written complaint responses are sent to the customer when the answer to complaint is known. Where there are any outstanding actions, these are listed within the written response with target dates and then kept on an action plan where we will keep the customer up to date. 

 

6.18  Landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.12 (page 8-9) 

B3Living address all customer dissatisfaction as defined in the complaint definition.  

 

6.9  Landlords must confirm the following in writing to the resident at the completion of stage 2 in clear, plain language:   

  1. the complaint stage; 
  2. the complaint definition; 
  3. the decision on the complaint; 
  4. the reasons for any decisions made; 
  5. the details of any remedy offered to put things right; 
  6. details of any outstanding actions; and 
  7. details of how to escalate the matter to the Ombudsman Service if the individual remains dissatisfied.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.12 (page 8-9) 

B3Living inform and confirm to the customer the complaint stage, definition, decision, reasons, remedy, action plans and Housing Ombudsman details at the completion of stage 2 complaints and this is built into all template letters. 

 

Section 7: Putting things right 

7.1  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. These can include:  

  • Apologising; 
  • Acknowledging where things have gone wrong;  
  • Providing an explanation, assistance or reasons;  
  • Taking action if there has been delay;  
  • Reconsidering or changing a decision;  
  • Amending a record or adding a correction or addendum;  
  • Providing a financial remedy; 
  • Changing policies, procedures or practices  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.9 (8-9) 
  2. Learning and training
    With our new Resolution Leads 28th – 30th May 2024.  

B3Living identify this in their policy but also consider this in their learning. Staff working in complaints understand being “resident focused” this means that they will complete a full investigation at stage 1 and will provide lessons learnt, this could include changing policies, procedures and practices. We look at our 3 P’s: People, Process, Policy.  

 

7.2  Any remedy offered must reflect the impact on the resident as a result of any fault identified.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.12 (8) 

At the completion of each stage, we will write to the customer advising them of the details of any remedy offered to put things right, which reflect the extent of any failures in our service. B3Living have a framework of learning which is referred to as a complaint progresses and staff address any learnings that the organisation need to embed. This does also include a review of redress /remedy.  

 

7.3  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. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.2.8 (page 6), 3.2.12 (page 8) 

All complaint responses will include the details of any remedy offered to put things right, which reflect the extent of any failures in our service. All complaint responses will be provided to the customer when the answer to the complaint is known and not when outstanding actions are completed.  The customer will be kept up to date with their complaint via complaint action plans which will address what has been resolved and what is still left to action.  

 

7.4  Landlords must take account of the guidance issued by the Ombudsman when deciding on appropriate remedies.   

Do we comply? Yes

Evidence and explanations

  1. Learning and training

As good practice B3Living refer to the Housing Ombudsman centre for learning and spotlight reports.  

 

Section 8: Self-assessment, reporting and compliance

8.1  Landlords must produce an annual complaints performance and service improvement report for scrutiny and challenge, which must include:  

  1. the annual self-assessment against this Code to ensure their complaint handling policy remains in line with its requirements. 
  2. a qualitative and quantitative analysis of the landlord’s complaint handling performance. This must also include a summary of the types of complaints the landlord has refused to accept; 
  3. any findings of non-compliance with this Code by the Ombudsman; 
  4. the service improvements made as a result of the learning from complaints; 
  5. any annual report about the landlord’s performance from the Ombudsman; and 
  6. any other relevant reports or publications produced by the Ombudsman in relation to the work of the landlord.  

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.6.3 (page 10) 
  2. Reports and publications

This will be sent via the Housing Ombudsman online portal.

 

8.2  The annual complaints performance and service improvement report must be reported to the landlord’s governing body (or equivalent) and published on the on the section of its website relating to complaints. The governing body’s response to the report must be published alongside this.

Do we comply? Yes

Evidence and explanations

  1. Reports and publications 

This has been reported to the Operations Committee and the Group Board in June 2024 and their response to the report has been published alongside the report on the website. 

 

8.3  Landlords must also carry out a self-assessment following a significant restructure, merger and/or change in procedures. 

Do we comply? Yes

Evidence and explanations

  1. Reports and publications 

B3Living are committed to carrying out an annual self-assessment against the Housing Ombudsman code to ensure our complaint handling and process remains in line with the requirements. A self-assessment will also be carried out after significant changes.  

 

8.4  Landlords may be asked to review and update the self-assessment following an Ombudsman investigation. 

Do we comply? Yes

Evidence and explanations

B3Living have not to date been asked to review and update their self-assessment following a Housing Ombudsman investigation. However if requested B3Living will review their self-assessment.  

 

8.5  If a landlord is unable to comply with the Code due to exceptional circumstances, such as a cyber incident, they must inform the Ombudsman, provide information to residents who may be affected, and publish this on their website Landlords must provide a timescale for returning to compliance with the Code. 

Do we comply? Yes

Evidence and explanations

If this situation were to occur at B3Living and the organisation were unable to comply with the Housing Ombudsman complaint handling code, then we would inform the Housing Ombudsman and the customers who may be affected and publish this on our website with a timescale for compliance with the code. 

 

Section 9: Scrutiny & oversight: continuous learning and improvement   

 

9.1  Landlords must look beyond the circumstances of the individual complaint and consider whether service improvements can be made as a result of any learning from the complaint.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.1.5, 3.1.6  (page 4), section 6 (page 12), 9.3 (page 13) 

As part of the complaint process at B3Living, lessons learnt is built into the complaints workflow in the internal housing management system. Managers and team members are also given a framework for learning to review and action as part of the complaint handling process. Lessons learnt are also discussed at the internal customer experience meeting.  

 

9.2  A positive complaint handling culture is integral to the effectiveness with which landlords resolve disputes. Landlords must use complaints as a source of intelligence to identify issues and introduce positive changes in service delivery.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.1.5, 3.1.6  (page 4), section 6 (page 12), 9.3 (page 13) 

As part of the complaint process at B3Living, lessons learnt is built into the complaints workflow in the internal housing management system. Managers and team members are also given a framework for learning to review and action as part of the complaint handling process. Lessons learnt are also discussed at the internal customer experience meeting. 

 

9.3  Accountability and transparency are also integral to a positive complaint handling culture. Landlords must report back on wider learning and improvements from complaints to stakeholders, such as residents’ panels, staff and relevant committees.   

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: section 6 (page 12) 

Lessons learnt are discussed at the internal customer experience meeting to identify further service improvements.  

 

9.4  Landlords must appoint a suitably senior lead person as accountable for their complaint handling. This person must assess any themes or trends to identify potential systemic issues, serious risks, or policies and procedures that require revision.   

Do we comply? Yes

Evidence and explanations

  1. See - Board (b3living.org.uk) 

The senior lead person at B3Living is the Chair of our Operations committee and they have direct access to staff as required.

 

9.5   In addition to this a member of the governing body (or equivalent) must be appointed to have lead responsibility for complaints to support a positive complaint handling culture. This person is referred to as the Member Responsible for Complaints (‘the MRC’). 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.6.4 (page 11) 

Our policy states: "A member of the Board is appointed as lead for complaints and support a positive complaint handling culture."

 

9.6  The MRC will be responsible for ensuring the governing body receives regular information on complaints that provides insight on the landlord’s complaint handling performance. This person must have access to suitable information and staff to perform this role and report on their findings. 

Do we comply? Yes

Evidence and explanations

  1. See - Board (b3living.org.uk) 

The senior lead person at B3Living is the Chair of our Operations committee and they have direct access to staff as required.

 

9.7  As a minimum, the MRC and the governing body (or equivalent) must receive:  

  1. regular updates on the volume, categories and outcomes of complaints, alongside complaint handling performance; 
  2. regular reviews of issues and trends arising from complaint handling;   
  3. regular updates on the outcomes of the Ombudsman’s investigations and progress made in complying with orders related to severe maladministration findings;
  4. and  annual complaints performance and service improvement report.  

Do we comply? Yes

Evidence and explanations

  1. Reports and publications 

The organisation produce a quarterly customer experience paper that goes to the Board and the Operations Committee.  

 

6.8  Landlords must have a standard objective in relation to complaint handling for all relevant employees or third parties that reflects the need to:  

  1. have a collaborative and co-operative approach towards resolving complaints, working with colleagues across teams and departments; 
  2. take collective responsibility for any shortfalls identified through complaints, rather than blaming others; and 
  3. act within the professional standards for engaging with complaints as set by any relevant professional body. 

Do we comply? Yes

Evidence and explanations

  1. Policies and procedures
    Policy: 3.6.6 (page 10) 

All relevant employees will have a standard objective in relation to complaint handling.  

 

Related Links

Read our Complaints Policy
Our Annual Complaints Performance and Service Improvement Report
Make a complaint