Recommendation 36

HM Government Not Addressed

We agree with the Committee that improved awareness of, and access to, the complaints procedure is essential. We believe there is a higher-than-average awareness of the Housing Ombudsman compared to other Ombudsman schemes, with research suggesting an awareness level amongst social tenants of between 60% to 70%. This has been evidenced through a rapid increase in complaints being received by the Ombudsman. Nevertheless, sustained awareness raising activities are a core part of our Corporate Plan and reaching groups who may find accessing the complaints process more difficult is also essential. To tackle this, we have recruited an Accessibility Expert Panel to advise us. Landlords are integral to awareness raising and will often be the main contact point for residents. We agree with the Committee’s conclusion that landlords should be using a wider range of contact points with residents, including correspondence and leaflets, to raise awareness of their own procedure and the Ombudsman. These are mandatory requirements of the Complaint Handling Code and we will issue Complaint Handling Failure Orders where we have evidence that this is not happening on a consistent basis. We have also revised the Housing Ombudsman Scheme to require landlords to raise awareness, including informing residents of the Ombudsman from the first stage of the complaints procedure rather than only at the final response. These changes will come into effect from 1 October 2022. We have approached the National Housing Federation and other representative bodies to propose working together on an awareness raising campaign and promoting best practice. The Ombudsman is also developing materials and guidance, in addition to the information already available through its website, to support landlords. We will also continue to work with the Government on its awareness raising campaigns. We agree with the Committee’s conclusion that residents should be encouraged to consider the complaints procedure rather than legal claims, although that is ultimately a decision for the resident. To support this, we would also strongly encourage landlords to review our revised jurisdiction guidance, published in October 2021. This guidance is clear that complaints should not be closed prematurely because the pre-action protocol on housing conditions may have commenced, as this of itself does not constitute legal action. We are concerned that opportunities to resolve issues through the complaints procedure are being lost because of an incorrect interpretation of legal proceedings. The protocol is clear that alternative dispute resolution should be actively considered before legal proceedings, including referral to the Ombudsman, and we would welcome the protocol being strengthened further to reinforce this approach. We also welcome the Committee’s recommendation that the consumer standards place an obligation on social landlords to promote the Ombudsman and will work with the Regulator to support this approach.