Objective 1 – Increasing Satisfaction
Policy 1i – Appeals
Last Reviewed
December 2013
Next Review
Responsible
Officer
Director of Housing
December 2015
Policy Statement
This is a specific policy and concentrates on one area of our operation.
Freebridge Community Housing (FCH) aims to make decisions that are fair
consistent. We have policies and procedures to assist us in making decisions
we ensure that all our staff receive appropriate and regular training. We
committed to being open and accountable for our decisions. We also recognise
we may sometimes make a wrong decision.
and
and
are
that
Our appeals policy deals with the following situations only:
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Where a tenant disagrees with our decision to:
a.
extend a Starter tenancy up to a maximum of 18 months
b.
end a Starter tenancy by way of a Notice under s21 of the Housing Act
1988
c.
end a tenancy where we believe that security of tenure has been lost
through the tenant not occupying the property as their only or principle
home
d.
end a tenancy which was provided for temporary accommodation, on
instruction from the Local Authority, by way of a Notice under s21 of the
Housing Act 1988
e.
end a Contractual tenancy by way of a Notice to Quit
f.
end a tenancy on the basis of mandatory Ground 8 (Schedule 2
Housing Act 1988) – 8 weeks rent arrears
g.
end a demoted tenancy by way of a Notice under s21 of the Housing Act
1988
h.
end a tenancy because of anti-social behaviour using the Absolute
Ground for possession, following breach of any of the relevant triggers
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i.
not issue a new tenancy after the initial or any subsequent fixed term,
and again at the point that a subsequent Notice under s21 of the
Housing Act 1988 is served to bring the existing tenancy to an end
j.
refuse a mutual exchange
k.
not grant a new tenancy to a remaining tenant, after the joint tenant
has given notice to end the existing tenancy
Where an occupant disagrees with our decision to:
a.
(or our agent’s decision) terminate a licence agreement by way of a
Notice to Quit
b.
refuse to grant a new tenancy to an occupant who doesn’t qualify for a
Statutory Succession
Where an applicant:
a.
disagrees with our decision to refuse an allocation after an applicant has
been referred or nominated to us
b.
disagrees with the type and/or length of tenancy offered
Where a leaseholder disagrees with our decision to take forfeiture action
against their lease
The appeals policy does not deal with our decision to take any legal action in
respect of anything not mentioned above, as this will be reviewed by the courts
We have a separate complaints policy to deal with dissatisfaction with our services
including the way we have handled any of the above. If a customer is both unhappy
about a decision we have made (that falls into one of the categories above) as well
as the way in which we have acted, the officer receiving the complaint will decide
whether it is more appropriate to deal with the matter as an appeal or a complaint; in
either instance both elements of dissatisfaction will be considered and acted on.
Definitions
Board - made up of tenant, independent and council representatives and leads and
controls Freebridge, developing the business plan and monitoring performance
Executive Team – Freebridge’s Chief Executive and Deputy Chief Executive
Management Team - Freebridge’s senior tier of Directors
Working Days – In the context of this Policy, by working days we mean Mondays,
through to and including, Fridays
Complaint – this policy does not relate to complaints, which we consider to be:
When the customer is unhappy about the service they have received from us
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We treat the following as complaints:
 When we haven’t met our Service Standards
 When we haven’t done something we should do, legally and contractually
 When the customer is unhappy with a decision or action (if this decision or
action is outside of an agreed policy to provide a service)
 When the customer is unhappy with the attitudes and behaviours of our
employees or contractors.
Objectives
This policy seeks to provide customers with a means to appeal decisions that we
make that fall into the categories outlined above, where there is no alternative
automatic mechanism for challenge.
We wish to be clear, transparent and accountable for all of our decisions, and the
policy aims to provide a robust and fair method for customers to challenge, and for
cases to be reconsidered timely and in a thorough and unprejudiced manner, that
reflects the needs of the individuals concerned.
Strategy
We will:
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Ensure that we have given reasons for the original decision in writing, in
addition to any other form of suitable communication such as via
telephone
Take all reasonable steps to ensure that customers are suitably supported
to access our appeals process
Provide information regarding the appeals process, and at every stage, in
the most suitable and accessible format for the customer
Inform and work with support agencies or advocates as appropriate
Advise people of their right to appeal, the timescale for lodging an appeal
and the process
Have a 2-stage appeal process that takes account of the need to urgently
review some decisions
Consider whether we should suspend the action/decision we are taking at
each stage of the appeal. We will take into account the impact both on the
person who is appealing and others
Ensure that anyone hearing the appeal was not involved in the original
decision
Remind anyone making an appeal that they can have an independent
advocate at the stage 2 hearing
Ensure that all staff and panel members receive appropriate training and
advice to enable them to make robust decisions
Consider offering compensation in line with our compensation policy
where an appeal is upheld
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How to make an appeal
Any tenant/applicant (or someone on their behalf) who wishes to appeal must do so
within 10 working days of our decision. The appeal can be made:
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in person
in writing
via e-mail
via website
by telephone
We are unable to receive appeals through our Facebook and Twitter accounts;
tenants/applicants contacting us through social media will be directed to other
communication channels.
The tenant /applicant will be asked to give the reasons for disagreeing with the
decision and include any supporting evidence. The appeal can be made by an
advocate on behalf of the tenant /applicant.
How the appeal will be dealt with
Stage 1
Within 24 hours of receiving an appeal we will look at the circumstances - including
the effect on the person making the appeal - and decide if a review needs to take
place immediately or if it is appropriate to carry it out within 5 working days. We will
acknowledge all appeals and confirm the timescale for making a decision.
A manager who has not been involved in the original decision will review the
decision and the reasons for the appeal. Where they need further evidence, and if
practical, they will make contact with the person making the appeal and/or their
advocate and/or other relevant agencies.
The manager will inform the person making the appeal of their decision and reasons
for making it as soon as is practically possible but not later than 2 working days after
the review has taken place. If the person making the appeal is not satisfied with the
decision they can request a hearing - Stage 2. The manager will inform the person
making the appeal if the original decision is to be implemented or suspended if the
appeal is to be progressed to Stage 2.
The person making the appeal must request to progress to Stage 2 within 5 working
days.
Stage 2
One of the Executive Team will arrange a meeting within 7 working days of us
receiving the Stage 2 appeal request. If an Executive Team member is not available
or if s/he has been involved in the original decision, another Director or a suitable
senior manager will consider the appeal.
The tenant/applicant or any advocate acting on their behalf will be able to submit
evidence before the hearing and/or speak at the hearing. The Director (or their
substitute) will review all information (written/verbal) from the tenant/ applicant/
advocate and from the staff involved in the original decision.
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The Director will give a decision in writing within 2 working days of the hearing
including reasons for the decision.
Process timescales
It is our intention that the appeals process will be concluded within one calendar
month of the first appeal being made:
Appeal period following date of original decision
Appeal Received – initial review
Full Stage One Decision
Stage One Decision communicated to customer
Stage Two Appeal period following Stage One Decision
Stage Two Meeting held
Stage Two Decision made & communicated to customer
10 working days
24 hours
9 working days
2 working days
5 working days
7 working days
2 working days
Compliance
In implementing this policy and strategy it is expected that all over-arching policies
and strategies will also be complied with.
Responsibilities
The responsibility for the implementation of this policy, to ensure the appropriate
access to our Appeals Process, is of the Housing Services Department and the
Legal Services Team. Responsibility for the overall provision and fair administration
is of the Head of Housing Services and the Legal Services Manager.
Members of Management Team have a responsibility to maintain an up to date
awareness and understanding of good practise, and the legislative & regulatory
requirements which may impact this policy and the service provided
Monitoring
The number of and reasons for appeals will be collated annually and provided to the
Board, along with information regarding the tenants/applicants:
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Gender
Ethnic origin
Age
Disability
Religion
Sexual orientation
The policy will also be subject to a periodical formal review to ensure that it
continues to reflect best practise as well as relevant legislation and regulatory
requirements, and that it continues to achieve its objectives.
Action Plan
Strategy Element
Objectives
Action
 Ensure that all appropriate
staff are aware of, and
understand this policy
Key HH – Head of Housing
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When
On-going
Who
HH