Exclusions
| Code section | Code requirement (from the Housing Ombudsman Complaint Handling Code) | Comply (Yes/No) | Evidence, commentary and any explanations |
|---|---|---|---|
| 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 | Yes |
The policy outlines that a complaint is not a request for service, information or an explanation of Council policy or practice. Complaints will also not be accepted about formal decisions taken by committees or those delegated to staff, where there is an existing right of appeal or where there is active or pending legal action See page 9 of the complaints policy: section on 'Complaints'. The Policy was updated on 1 March 2024 to be compliant with the Housing Ombudsman's Complaint Handling Code 2024. The prior policy included wording on when a complaint would not be accepted. |
| 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:
| Yes | See above and as outlined on page 9 of the complaints policy: section on 'Complaints'. The Policy was updated on 1 March 2024 to be compliant with the Housing Ombudsman's Complaint Handling Code 2024. The prior policy included the same wording. |
| 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. | Yes | See page 9 of the complaints policy: section on 'Complaints' |
| 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. | Yes | See page 10 of the complaints policy: section on 'Complaints'. The Policy was updated on 1 March 2024 to be compliant with the Housing Ombudsman's Complaint Handling Code 2024. The prior policy included the same wording. Should a complaint be refused to be accepted, the complainant will be advised of their right 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. | Yes | See page 11 of the complaints policy: section on 'Complaint Investigation'. The Policy was updated on 1 March 2024 to be compliant with the Housing Ombudsman's Complaint Handling Code 2024. The prior policy included the same wording. Decisions to refuse are made on a case by case basis reflecting any special circumstances. |
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