COLNE
APPROVED AT BOARD MEETING: 12/11/2014
Complaints and Compensation Policy
1.
Principles
2.
Aims
3.
Methods
4.
Statutory and contractual rights to compensation
5.
Statutory and regulatory requirements
6.
Performance monitoring
7.
Review
8.
Date of policy
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COLNE
APPROVED AT BOARD MEETING: 12/11/2014
1.
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PRINCIPLES
1.1 Colne endeavors to provide a high quality service which treats all customers
with courtesy, fairness and efficiency. Colne is committed to dealing with any
concerns or complaints properly, and recognises that customers have a right to
complain and that compensation for the loss, inconvenience or distress
experienced by customers should be paid in certain circumstances.
Additionally, in certain situations those affected by actions of our customers
may seek to use the Complaints and Compensation Policy.
1.2 Colne also recognises that an effective complaints handling system not only
helps to resolve customers’ problems but is an important part of continuous
improvement and quality management.
2.
AIMS
2.1 To resolve complaints quickly and effectively, within agreed time targets.
2.2 To ensure that customer complaints are handled in a sympathetic and
sensitive manner, respecting the confidentiality and privacy of complainants
where appropriate.
2.3 To ensure that the complaints system:
(i) is simple to administer and easy to understand
(ii) is conciliatory, fair and impartial
(iii) is consistent with the complainant’s legal rights.
2.4 To apologise to customers with justified complaints, take appropriate remedial
action and, where relevant, pay compensation appropriate to the
inconvenience or loss suffered.
2.5 To have clear criteria as to the circumstances in which compensation is
payable.
2.6 To monitor and learn from customer complaints and ensure that justified
complaints are taken into account when reviewing the service and the
performance of staff and/or contractors.
2.7 To report details of customer complaints by type and outcome to Board,
residents and contractors.
2.8 To provide customers with information about how to complain about the
Colne’s services and how to challenge decisions through its complaints
system.
2.9 To provide customers with information about independent sources of help in
making complaints and obtaining redress.
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APPROVED AT BOARD MEETING: 12/11/2014
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2.10 To use complaints as a driver for service review and improvement, including
reviewing staff training, operational systems, service standards and contractor
performance.
3.
METHODS
3.1 Who can complain?
The complaints process is open to everyone who receives or requests a
service from Colne, and to people or organisations acting with the
complainant’s formal authority.
This includes:
(a)
Residents
(b)
Housing Applicants
(c)
Leaseholders who pay us a service charge
(d)
Freeholders who pay us a service charge
(e)
Other people, such as neighbours affected by the Colne’s activities
(f)
Councillors and MP’s
(g)
Solicitors.
(h)
Organisations such as Citizens Advice Bureaux and other advice
agencies
(i)
Recipients of Supporting People Services
(j)
Families, advocates or carers of vulnerable residents
Colne cannot deal with individual anonymous complaints. However, a series of
anonymous complaints on the same subject will be investigated as they may
indicate a service issue.
3.2
How are complaints received?
Customers’ preferences will be the overriding factor in determining how a
complaint is received. They may be received in writing, by telephone, in
person, by e-mail, social media or via our website. Complaints may also be
raised in open meetings with residents or leaseholders.
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APPROVED AT BOARD MEETING: 12/11/2014
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Whilst complaints do not have to be made in writing, they will be recorded
using Colne’s complaints template, with a copy provided to the complainant
upon request where the complaint has not been taken in written format (i.e. on
the website, by letter or by email). Translation services will be offered where
English is not their first language.
3.3 What is a complaint?
This policy is designed to cover complaints about any aspect of Colne’s
services. For example:
(a)
The way requests for information or housing applications have been
handled
(b)
The way staff or other representatives have conducted themselves
(c)
Colne’s failure to comply with one of its policies or procedures
(d)
The standard and quality of the service provided by Colne or its
contractors
(e)
Colne’s failure to meet the Homes and Communities Agency’s standards
for registered providers.
Complaints from one resident about another are excluded as these are dealt
with under the Anti Social Behaviour Policy (HM16), although where the
complaint relates to Colne’s failure to respond to reports of anti social
behaviour this will be investigated in accordance with this policy.
3.4 Processing complaints
Details of all complaints are recorded on the Colne’’s complaints template and
in the complaints log.
3.4.1 Informal stage
Complainants are encouraged to resolve their problem direct with the member
of staff they would usually deal with. This is not of course appropriate where
the complaint is about the conduct of the member of staff concerned. However,
generally it is only when this approach has failed to resolve matters that the
matter is referred to the first formal stage of the complaints procedure.
3.4.2 First stage
If a customer has a complaint this is raised in the first instance with the senior
manager who has responsibility for the staff member or service against which
the complaint has been made.
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APPROVED AT BOARD MEETING: 12/11/2014
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The Customer and Communities Manager (or authorised deputy) sends an
acknowledgement within two working days of receipt, advising who is dealing
with the complaint and the latest date the complainant can expect to receive a
reply. Also enclosed is a copy of Colne’s leaflet “Making a Complaint”.
The complaint will be investigated and Colne aims to respond to customers
within ten working days. If this standard looks to be exceeded, the manager
will contact the customer, advising of the reason for the delay and the
anticipated date of response.
Colne aims to resolve the majority of complaints at this stage. The
complainant will be advised to contact Colne within 28 days if they are
dissatisfied with the outcome of their complaint.
3.4.3 Second stage
If the complaint is not resolved at the first stage, the matter is referred to the
appropriate Director.
The relevant Director will investigate the complaint and reply to the
complainant in writing within ten working days. If this timescale looks to be
exceeded, the Director will contact the customer, advising of the reason for the
delay and the anticipated date of response.
The complainant will be advised to contact Colne within 28 days if they remain
dissatisfied with the outcome of their complaint.
This stage provides an opportunity for the Director to review the action taken to
date and the decision reached. It also provides an opportunity for complaints of
a serious nature to be considered immediately at Director level. These could
be incidents of maladministration, impropriety or serious allegations about staff
members. These matters may also be dealt with under Colne’s Safeguarding
Children and Vulnerable Adults Policy (HM28).
3.4.4 Third stage
If the complainant is dissatisfied with the Director’s response they will be
offered the opportunity to have the matter considered by Colne’s Complaints
Panel. The Chairman and Chief Executive will set up a complaints panel, to be
chaired by Colne’s Chairman or his/her nominee, and include the Chief
Executive (or his/her nominee) and a Resident Non Executive Director (or
his/her nominee). The Chief Executive may also ask the complainant whether
they wish to consider arbitration and mediation by an independent
organisation.
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APPROVED AT BOARD MEETING: 12/11/2014
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The panel will normally meet within 20 working days of the Chief Executive
receiving notice from the complainant that they wish their complaint to be
considered by the Complaints Panel. If this timescale looks likely to be
exceeded, the complainant will be kept informed.
A Director (or authorized deputy) who has not been involved in the complaint
process will prepare a report for the complaints panel containing copies of all
relevant documentation
The complainant will be invited to attend in person to present their complaint.
The complainant may be accompanied by a friend or supporter if they so wish.
Minutes of the panel meeting will be taken and made available to the
complainant. The decision of the complaints panel will be reported to the
complainant within five working days of the panel meeting.
The Chief Executive will ensure that any necessary follow up action is taken.
The findings of the complaints panel will be reported to the Board.
3.4.5 Further options
If the complainant is still not satisfied after following the Complaints Procedure,
they may choose to refer the complaint to a designated person (or Democratic
Filter) within eight weeks of the outcome of the stage 3 hearing. A designated
person may be one of the following:



An MP
A local councillor
The Resident Committee
Should a complainant choose to seek redress through a Democratic Filter, the
designated person may choose to try to resolve the complaint locally, refer it
directly to the Housing Ombudsman or refuse to take it on board. The decision
of the designated person is final.
If a complaint has not passed through a Democratic Filter, eight weeks after
the outcome of the stage three hearing, the complainant may refer the
complaint to the Housing Ombudsman Service. The Ombudsman is
independent from Colne and aims to provide a fair and effective way of
resolving complaints about social housing providers from people receiving, or
wishing to receive, their services. Colne will provide information and contact
details for both the Resident Committee and the Ombudsman Service to all
customers using the complaints procedure.
3.4.6 Further Information
Complainants are also advised that they may wish to contact the following
during the complaints process:
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APPROVED AT BOARD MEETING: 12/11/2014
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

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The Citizens Advice Bureau
Local Authority housing advice services
The Environmental Health Department at the local Council.
3.5 Discrimination and harassment
3.5.1 Discrimination
Complaints of discrimination can be dealt with under the complaints procedure
but complainants will be made aware of the alternative courses of action
available under the Equality Act 2010.
Colne recognises its responsibilities under the Equality Act 2010 not to
discriminate against any person as an employer or as a provider or manager of
housing services on the grounds of :






Age
Disability
Gender
Trans gender
Sexual orientation
Race and ethnicity
Religion or belief
Complainants will be made aware of their right to pursue an action in relation to
discrimination under the Equality Act 2010.
3.5.2 Harassment
Complainants will also be made aware of their right to pursue an action in
relation to harassment under the Equality Act 2010, in addition to the remedies
available to Colne as landlord specified in the policy on anti social behaviour.
3.6
Compensation
3.6.1 Following an upheld complaint, if Colne’s service has not met the specified
standard and a customer has been inconvenienced or suffered financial loss
as a result, they may be entitled to a compensation payment.
The amount of the payment will depend on:
(a)
The nature of the problem.
(b)
The degree of financial loss or inconvenience caused to the customer.
(c)
The length of time the problem has been going on.
(d)
Previous action taken by Colne, including any recompense
previously made.
(e)
Any costs the customer has had to meet as a result of the problem.
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APPROVED AT BOARD MEETING: 12/11/2014
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Compensation awarded will be calculated using the matrix given as Appendix
A, taking into account financial loss and inconvenience or distress caused to
the complainant. Receipts, or other documentary evidence, must be obtained
by Colne where the customer claims compensation for financial loss.
Customers will be made aware that compensation payments are accepted in
full and final settlement of their claim, and that further compensation in relation
to the same event will not be paid. Complainants will be required to complete
a compensation agreement, given as Appendix B, which will be retained in the
complaints file.
3.6.2 Compensation will not be paid if Colne is unable to achieve its service
standards due to circumstances beyond its control. e.g. (a)
Exceptional weather conditions
(b)
Accidental damage where Colne is not at fault – e.g. burst pipes, blocked
drains or other events which could not have been predicted and/or were
not reported. Compensation is not intended as a replacement for home
contents insurance
(c)
Any alteration to the property or its services carried out by the customer
without permission or to an adequate standard
(d)
Loss or damage caused by customers, visitors or adjacent residents
(e)
Where the customer prevents or delays Colne delivering a service, or
contributes in some other way to the service failure
3.6.3 Delegated authority to award compensation payments is granted as follows:
Up to £500 - Service Manager
Up to £1000 - Director
Over £1000 - Chief Executive
In general, payments of compensation will be made in the form of money,
vouchers or a goodwill gesture, such as a bouquet of flowers. Where
compensation awarded is not in lieu of financial loss, and the complainant’s
rent account is in arrears without a repayment plan being maintained, Colne
reserve the right to reduce the arrears balance by the compensatory sum
granted.
Details of all compensation payments will be reported annually to the Board.
Colne will refer any personal liability claims to its insurers.
3.7 Time limitation
Upon making a complaint, customers will be advised that there is a six month
time limit from the date of the event giving rise to the complaint to the date the
complaint is registered. This is not intended to affect customers’ statutory
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APPROVED AT BOARD MEETING: 12/11/2014
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rights, but recognises that a significant lapse of time makes vigorous and
meaningful investigation difficult.
4.
STATUTORY AND CONTRACTUAL RIGHTS TO COMPENSATION
4.1 Colne will meet its obligations to provide compensation under the terms of the
Right to Repair and Right to Compensation for Improvements. This right was
granted to Local Authority tenants under the Leasehold Reform and Urban
Development Act 1993 and extended to Secure and Assured tenants of RSL’s
through Housing Corporation Circular HC 33/94.
4.2 The terms of this are found in Colne’s responsive repairs policy (HM18) and on
its website.
5.
STATUTORY AND REGULATORY REQUIREMENTS
5.1 The Homes and Communities Agency’s requirements are set out in the
Regulatory framework, “Tenant Involvement and empowerment standard”,
specifically customer service, choice and complaints.
These state that registered providers shall “have an approach to complaints
that is clear, simple and accessible that ensures that complaints are resolved
promptly, politely and fairly”.
Furthermore “Providers shall offer a range of ways for tenants to express a
complaint and set out clear service standards for responding to complaints,
including complaints about performance against the standards, and details of
what to do if they are unhappy with the outcome of a complaint.
Providers shall inform tenants how they use complaints to improve their
services. Registered providers shall publish information about complaints each
year, including their number and nature, and the outcome of the complaints.
Providers shall accept complaints made by advocates authorised to act on a
tenant’s/tenants’ behalf.”
5.2 This policy complies with Colne’s obligations under Section 180 of the
Localism Act 2011.
6.
PERFORMANCE MONITORING
6.1 The following indicators will be used to provide the Board with performance
information relating to complaints. This information will be reported on an
annual basis. Reports on complaints are also regularly presented to contractor
meetings, internal senior management meetings and the Resident Committee.
(a)
Number of customer complaints about services by reasons, type of
customer, gender, age, disability, ethnicity and outcome.
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(b)
Number of complainants to whom compensation was paid, by reason.
(c)
Value of compensation paid to complainants, by reason.
(d)
Details of any successful court cases brought by complainants against
Colne by reason and outcome.
(e)
Number of complaints upheld by a Democratic Filter or the Housing
Ombudsman.
(f)
Number of customer complaints not investigated/resolved within target
times.
(g)
Actions taken to change service standards, management systems or
other responses to complaints received during the year.
6.2 In addition, the percentage of complaints responded to within target time, and
customer satisfaction with the outcome of complaints is reported quarterly to
the Operations Committee.
7.
REVIEW
7.1 Colne will formally review its policy on Complaints and Compensation through
the Board, once every three years taking into account any changes and
making amendments accordingly. In addition to this, amendments considered
of sufficient magnitude or importance will be implemented in between review
dates where appropriate.
8.
DATE OF POLICY
8.1 November 2014
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APPROVED AT BOARD MEETING: 12/11/2014
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APPENDIX A – COMPENSATION CALCULATOR
This guide is to be used by service managers to assess a financial payment of
compensation. The amounts to be inserted will vary in each case depending upon
the circumstances.
Did the claimant
contribute to any loss or
disadvantage suffered?
It may be that the claimant contributed to a delay, or failed to take
reasonable actions themselves which could have reduced the loss or
disadvantage. This needs to be considered as part of the financial
package.
Was any loss or
disadvantage due to
money not being
paid/refunded?
In this case, the remedy should include a sum
representing the unpaid money.
Have any reasonable
costs been incurred by
the complainant that
would not otherwise
have been incurred?
Did the claimant suffer a
loss of some nonmonetary benefit?
£
These are costs which would not have been normally
reasonably incurred. The actual expenses should be
reimbursed in full or in part.
Amount
£
Where the claimant has lost out on some kind of benefit
(e.g the loss of the use of a room) which is nonfinancial, the following will be used as a guide.
Amount

£

50% of weekly rent for loss of use of kitchen,
bathroom, or living room
£20 per week for loss of use of bedroom or dining
room
Did the claimant lose the
opportunity of some kind
of benefit?
Where the claimant has missed out on an opportunity
that would have been available to them, from which the
complainant would have benefited, then compensation
would be appropriate.
Did the claimant suffer
distress or
inconvenience?
Payments for distress or inconvenience will be
calculated on a case by case basis.
Were any reasonable
professional fees
incurred?
Amount
Amount
£
Amount
Suggested reasonable compensation for distress or
inconvenience caused are given overleaf.
£
Where legitimate and appropriate professional fees
have been incurred, these should be reimbursed in full
or in part.
Amount
Total Sum = £
£
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Examples of distress or inconvenience caused and suggested reasonable
compensation awards are as follows;
Impact
No Impact
Low Impact
Medium Impact
High Impact
Stress or Inconvenience Caused
Customer has not suffered inconvenience or
distress as a result of the compensation event.
Customer has not suffered significant
inconvenience or distress as a result of the
compensation event. The circumstances are
such that the service has not achieved the
expected standard, but the impact is no greater
than a reasonably tolerant person could be
expected to accept and the compensation
constitutes a token in acknowledgement of the
failure to perform.
(Examples include compensation in lieu of missed
contractor appointment, repeated temporary loss of
heating and/or hot water without financial impact)
Customer has suffered significant inconvenience
or distress and the service has markedly failed to
meet the required standards.
(Examples include where an ineffective
repair/incorrect fault diagnosis have led to a
significant delay in resolving an issue, leading to its
escalation e.g. undetected leak causing damp)
This relates to serious failure in service
standards. It could either be the severity of an
event, a persistent failure over a prolonged
period of time, or an unacceptable number of
attempts to resolve and address an issue.
(Examples include where lack of action have led to
emotional distress for customers over an extended
period, e.g. ineffective handling of an ASB report)
Compensation
£0
To £50
To £100
To £250
Comments (to include reasons for compensatory sum awarded and how this figure is
reached):…………………………………………………………………………
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Appendix B
Compensation agreement
Customer Name <user enter here> Complaint Ref <user enter here>
Address <user enter here in full>
I confirm that I accept Colne’s compensation offer of <enter compensation amount in words
and figures> as full and final settlement of my complaint.
…………………………………. Signed
………………………….. Date
Please pay the compensation award as follows:
Add it to my rent account

Add it to my Allpay card

Pay it into my bank account 
Sort code…………………… Account number…………………..
Please note: Colne are unable to pay compensation without a signed copy of this
form on file.