The Council has a corporate Complaints Policy and Procedure. Which sets out our 2 stage process. Here you will also find details about the Housing Ombudsman Service.
Complaints Handling Code
The Housing Ombudsman has issued guidance on what it expects from all landlords when dealing with complaints.
We have assessed our compliance against the code and this was:
- Taken to our Cabinet Advisory Group in June 2022.
- Discussed with our Complaints, Performance and Customer Satisfaction Panel in July 2022.
Complaints Handling Code Self-Assessment – Completed 2023
Details of Housing Complaints
Below are the details of all the complaints made against the whole Housing Service during 2022-23 (1 April 2022 until 31 March 2023).
Definition of terms:
Upheld – the investigating Officer considered the Council had made mistakes or provided a poor service. Sometimes called justified.
Not upheld Stage 1 – the investigating Officer considered the Council to have acted correctly or that it had made mistakes but had already done what would be expected to put things right. Sometimes called unjustified.
Not Upheld at Stage 2 – where there is no new information provided and/or the complaint had been fully and appropriately responded to at Stage 1.
Partially upheld – the investigating officer found that the Council got some things wrong, but not all those complained about or there was no negative effect on anyone.
Withdrawn – complainant withdraws their complaint.
Stage 2 denied – where the complainant had not provided sufficient evidence that warranted escalation.
The table below shows that there 46 stage 1 complaints in 2022-23 and 12 stage 2 complaints.
Summary of the Complaint | Service | Outcome and how the complainant was resolved (if applicable) | Did the complaint escalate to Stage 2? and the outcome |
Stage 1 |
| ||
Complaint about Homemove website, lack od disability housing and food vouchers. | Housing Options | Not upheld as the concerns had been addressed fully in previous communications | No |
Complaint regarding incorrect apportioning of service charges. | Housing Services | Not upheld – calculations were correct. | No |
Complaint re sharing of contact details. | Housing Services | Not upheld | No |
Complaint regarding grass cutting and damages to goods. | Housing Services | Not upheld | No |
Complaint was received from the Housing Ombudsman on behalf of the customer. Concerned suitability of accommodation, request to transfer, restrictions on his contact with officers and request for a dedicated point of contact. | Housing Options | Not upheld – but a single point of contact has been established. | No |
Complaint about the minutes of a Resident Group Meeting. | Housing Policy, Involvement & Standards | Not upheld – our e complaints policy does not cover the words or actions of residents for whom the Council have no control over. | Yes, but not escalated as complaint was fully responded to at Stage 1. |
Complaint re bathroom flood and discriminatory treatment. | Housing Services & Property Services | Partially upheld – on investigation it was found that work to the bathroom had been undertaken in 2018, arranged by the Disabled Adaptations Team. | No |
Complaint about the ability to access the Housing Register. | Housing Options | Upheld – as mistakes were made by a former officer. | No |
Complaint regarding a council officers’ behaviour. | Housing Services | Not upheld – as the advice provided by the officer has been sensible and in line with Council expectations. | No |
Complaint regarding resolution of anti-social behaviour and tone of officer dealing with it. | Housing Services | Not upheld. mediation offered to the complainant and her neighbours. | No |
Complaint regarding a Disabled Facilities Grant and delays to works. | Property Services | Upheld – revised recommendations had not been picked up. | Yes, but not escalated as complaint was fully responded to at Stage 1. |
Complaint regarding the dealings of a deceased leaseholder’s property. | Housing Services | Partially upheld – there were delays within the process and administration. £100 compensation made in recognition. | Yes – Offer of £100 compensation unacceptable and contested some of the statements made in the Stage 1 response. Not escalated as complaint was fully responded to at Stage 1. However, a greater explanation was provided to the points raised. |
Complaint regarding condition of the property and noise of the boiler. . | Property Services | Not upheld | No |
Complaint about lack of support provided. | Housing Services | Not upheld- Help and advice provided within the response with regards to the specific issues raised. | No |
Complaint about lack of communication around repair works. | Property Services | Upheld – due to the level of communication falling short of expectations. | No |
Complaint regarding delays to repair works. laminate flooring. | Property Services | Partially upheld – due to delays and miscommunication. | Yes, not escalated as complaint was fully responded to at Stage 1. |
Complaint regarding information provided. | Housing Options | Not upheld – the process regarding joining the Housing Register had been followed in line with the Allocations Policy. | Yes, not escalated as no new evidence was provided to justify Stage 2. |
Complaint around the suitability of accommodation. | Housing Options | Not upheld. At the time of allocation there was opportunity to dispute the offer, but this was not pursued. | No |
Complaint about the damage caused by overgrown trees and debris. | Property Services | Not upheld – trees have been inspected and found to be healthy so are part of non-urgent work to be completed in early 2023. | No |
Complaint about the condition of the property moved into via a mutual exchange. | Housing Services/ Property Services | Not upheld – part of mutual exchange and therefore did not go through a void process. | No |
Complaint about lack of support and conflicting information. | Housing Options | Not upheld – as the advice given has been correct. | No |
Complaint about various aspects of their housing situation. | Housing Options | Not Upheld – all points raised were responded to. | Yes, not escalated as no new evidence was supplied and the original response was correct. However, further information regarding the allocations policy has been provided. |
Complaint about lack of repairs. | Property Services | Upheld – footpath repairs needed for health and safety reasons. | Yes, not escalated as no new information provided and no fault was found with the original investigation. Offered further explanation. |
Complaint about the running of a Resident Association. | Housing Policy, Involvement & Standards | Upheld – due to inconsistency in the publication of agendas, minutes and future dates of meetings. | No |
Complaint regarding roof repairs and timing of these over the Christmas period. . | Property Services | Complaint placed on hold at the request of the complainant and not reinstated. | No |
Complaint regarding condition of neighbour’s garden. | Housing Management | Upheld – due to the length of time taken to rectify the situation. | No |
Complaint over delays to repair boiler. | Property Services | Upheld – there had been difficulty on obtaining parts and as a result works had been delayed. | No |
Complaint relating to banding decision and level of customer service. | Housing Options | Not upheld – there were emails to the contrary. | Yes, partially Justified due to fault in some aspects of the review handling. . |
Complaint relating to standard of repairs to a tenant’s home and impact on the household. | Property Services | Upheld – £500 compensation offered due to significant delays. | Yes, not upheld – however a more detailed explanation was given. |
Complaint relating to charging of utilities. | Housing Services | Not upheld – Although the standing charge is higher than last year the charge is significantly lower than the Energy Price Cap. | Yes, not upheld – fully responded at stage 1. |
Complaint relating to lack of response to previous letter. | Housing Services | Not upheld – letter had not been received. | No |
Complaint relating to rent deposit scheme. | Housing Options | Upheld – Although it was not the intention to act as guarantors the guarantor box had been ticked and so it was agreed to pay the £600 guarantor sum. | No |
Complaint relating to rent payment overcharge. | Housing Services | Not upheld – Benefits had been covering the rent in full. | Yes, not upheld – fully responded at stage 1. |
Complaints with handling of anti-social behaviour and the policy not being complied with. | Housing Services | Not Upheld – due to evidence to the contrary. | No |
Complaint regarding negligence and unsatisfied temporary accommodation. | Housing Options | Not upheld – evidence to the contrary – all policies and procedures had been followed. | No |
Complaint about property faults including damp, mould, dripping guttering and inadequate heating. | Property Services | Upheld – due to a lack of insulation and £500 offered to cover heating costs. | Yes, not upheld. However, a more detailed explanation and named officer provided for further contact. |
Complaint regarding the lack of information of the time scales required to ask for a valuation of his property to be reconsidered as part of the Right to Buy Process. | Housing Services | Upheld | No |
Complaint regarding the contents of a letter from the council with regards to the condition of the property. | Property Services | Upheld – works had been delayed. | No |
Complaint regarding damp and mould issues within the property. | Property Services | Partially upheld – one email was not responded to. | No |
Complaint regarding level of management at a retirement living court. | Housing Services | Not upheld – no changes to the level of service. | No |
Complaint about tree management. | Housing Services | Partially Upheld – due to a lack of communication. | No |
Complaint regarding ongoing damp and mould. | Property Services | Not Upheld – work had been done and solutions offered. | Yes, Stage 2 complaint withdrawn by the customer. |
Complaint received from the Local Government Ombudsman on behalf of the customer. regarding the lack of available garages. | Housing Services | Not Upheld – the information provided was correct and is based on demand and supply. | No |
Complaint regarding leaks at the property. | Property Services | Upheld –our communication had not been acceptable. | No |
Complaint was about the language used and unhelpfulness of officers. | Property Services | Upheld – poor advice and information had been provided. | No |
Complaint regarding soffits cleaning. | Housing Services | Not Upheld – The customer was correctly advised. | No |
- Contact the resident to gain details of the costs incurred and reimburse any reasonable costs incurred as a result of the information he had been incorrectly provided. This was to be paid in addition to the £50 voucher already provided.
- pay the resident a further £100 compensation.
- contact the resident to agree a plan for addressing the reported ongoing ASB.
- Review staff training to identify how it can prevent incorrect information being provided to residents about proposed alterations in future and confirm to the Housing Ombudsman what steps we will take to achieve this.
- Improvements to our procedures to ensure that we have routine and regular contact with households facing homelessness. As well as ensuring that these contacts are documented. Furthermore, maintaining more frequent contact with those that are more vulnerable such as those with mental health issues.
- Arranging training for staff so that they are able to manage difficult conversations in a supportive way.
- Reviewed how we can speed up the process of terminating a lease in retirement living, what information we provide to those terminating a lease and training for staff covering colleagues who are absent.
- Improvements to the communications between Private Housing Officers and Occupational Therapist, with communication now done via email.
- As a result of one complaint about communication with a leaseholder regarding outstanding works changes have been made which include email acknowledgments and correspondence even when there is no further update so that the customer knows what is happening.
- When a repair is requested, we now pass over all the forms of contacting the tenant to try and improve delays as a result of the contractor not being able to get hold of the tenant. This includes all phone numbers and email addresses held.
- As part of personalised housing plans for households who are or are at risk of homelessness information on the frequency of contact is now added.
- Identified additional training for some staff. Including around what works can be done under a disabled adaptation but is outside the scope of a repair.
- We are reviewing our website content and information presented to customers including looking at the use of videos.
- Reviewed the Housing Allocations section of the website due to customers feedback which has shown that some customers don’t understand the process. Additionally, the Allocations Policy is lengthy, and some customers don’t understand it, so we have produced a Key Facts for the policy. We are also looking at producing a video on How to apply for social housing and the process.
- When programming works in the future consideration will be had to timing e.g., not taking a cavity wall down in winter.
- With regards to repair works and ensuring tenants are kept informed and updated.
- Staff training to ensure all the team including newer members know how to complete the paperwork correctly for accessing accommodation in the private rented sector (Letsure).
- Give new Resident Associations additional support to ensure they fulfil their obligations as set out in their constitution.
- We have amended our standard letter templates for Right to Buy applications to ensure information regarding appeals on valuations is now included.
- Setting up a process to ensure customers are responded to – We are currently buying a new IT system. Once this is in place, we will be able to record customer interactions. The system will also remind us of outstanding actions. This will ensure we can deliver the best possible service.
- The complaint highlighted that the administration of garage letting has been a much lower priority during a prolonged period of staff shortages, and measures are being implemented to address this.
- We need to improve communication – avoiding unnecessary emails.
- Contact the resident to gain details of the costs incurred and reimburse any reasonable costs incurred as a result of the information he had been incorrectly provided. This was to be paid in addition to the £50 voucher already provided.
- pay the resident a further £100 compensation.
- contact the resident to agree a plan for addressing the reported ongoing ASB.
- Review staff training to identify how it can prevent incorrect information being provided to residents about proposed alterations in future and confirm to the Housing Ombudsman what steps we will take to achieve this.
- Improvements to our procedures to ensure that we have routine and regular contact with households facing homelessness. As well as ensuring that these contacts are documented. Furthermore, maintaining more frequent contact with those that are more vulnerable such as those with mental health issues.
- Arranging training for staff so that they are able to manage difficult conversations in a supportive way.
- Reviewed how we can speed up the process of terminating a lease in retirement living, what information we provide to those terminating a lease and training for staff covering colleagues who are absent.
- Improvements to the communications between Private Housing Officers and Occupational Therapist, with communication now done via email.
- As a result of one complaint about communication with a leaseholder regarding outstanding works changes have been made which include email acknowledgments and correspondence even when there is no further update so that the customer knows what is happening.
- When a repair is requested, we now pass over all the forms of contacting the tenant to try and improve delays as a result of the contractor not being able to get hold of the tenant. This includes all phone numbers and email addresses held.
- As part of personalised housing plans for households who are or are at risk of homelessness information on the frequency of contact is now added.
- Identified additional training for some staff. Including around what works can be done under a disabled adaptation but is outside the scope of a repair.
- We are reviewing our website content and information presented to customers including looking at the use of videos.
- Reviewed the Housing Allocations section of the website due to customers feedback which has shown that some customers don’t understand the process. Additionally, the Allocations Policy is lengthy, and some customers don’t understand it, so we have produced a Key Facts for the policy. We are also looking at producing a video on How to apply for social housing and the process.
- When programming works in the future consideration will be had to timing e.g., not taking a cavity wall down in winter.
- With regards to repair works and ensuring tenants are kept informed and updated.
- Staff training to ensure all the team including newer members know how to complete the paperwork correctly for accessing accommodation in the private rented sector (Letsure).
- Give new Resident Associations additional support to ensure they fulfil their obligations as set out in their constitution.
- We have amended our standard letter templates for Right to Buy applications to ensure information regarding appeals on valuations is now included.
- Setting up a process to ensure customers are responded to – We are currently buying a new IT system. Once this is in place, we will be able to record customer interactions. The system will also remind us of outstanding actions. This will ensure we can deliver the best possible service.
- The complaint highlighted that the administration of garage letting has been a much lower priority during a prolonged period of staff shortages, and measures are being implemented to address this.
- We need to improve communication – avoiding unnecessary emails.
- Undertaken a review of processes with contractors to ensure urgent works around condensation and mould to properties are dealt with quicker than standard works and reviewed processes to ensure that they are effective.
- We have reduced reliance on emails with contractors and now ensure all works required to properties are logged on the system to prevent things being missed. In addition, when we do need to email, we ensure that people are not unnecessarily copied in to reduce the number of emails being sent and things being missed as a result.
- A new policy on Condensation and Mould is being developed as a result of the higher number of cases than normal this winter. We will then set up a tenant’s group to focus on condensation and mould to help us review letters and information we send out.
- We now check all court orders in detail to ensure consent and property orders are distinguished when making tenancy changes.
- All Housing staff have recently undertaken trauma informed training to ensure we deliver a person-centred approach across all areas of our work.
- Provided staff training on aids and adaptations so that those responsible for repairs are aware of this route as a possible option for non-repairs works where a household member is experiencing difficulties e.g., accessing their property.
- Reviewed information provided to new resettled refugee families on arrival to Wealden so it is clear what support families can expect. Resettlement staff have had further training on the different cultures of families that they are supporting.
- Ensuring when making request for services staff ensure receipts are provided and recorded.
- Newsletter article to remind tenants of responsibilities regarding pests and pets.
- Additional staff training for specific officers regarding local lettings plans and eligible on the 2-bedroom flat plan.
Summary of the Complaint | Service | Outcome and how the complainant was resolved (if applicable) |
Quarter 1 – 1st April to 30 April 2023 | ||
Stage 1 | ||
Detail | Team within Housing | Outcome |
Leaseholder complaint about differing cost for cleaning services and why we had consulted | Housing Management | Not upheld Differing costs were due to the fact that one was estimated and the other the final cost. A section 20 consultation was required because if the agreement is for more than 12 months and at least one leaseholder will pay more than £100 in any one year, there is a legal requirement to consult. |
Complaint regarding the lack of response to enquiries regarding some of the leaseholder service charge payments for 2021-022 | Housing Management | Not upheld Complainant is subject to vexatious status and as such has been advised on the restriction on responses. |
Complainant disagreed with the Council’s response regarding anti-social behaviour | Housing Management | Not upheld Concern raised had been investigated but there was no evidence to support the allegations made. The complainant was not willing to explore mediation. |
Complaint about a Residents Association meeting which was considered to have been non quorate and in breach of the constitution | Housing Policy & Partnerships | The matter fell outside the scope of our Corporate Complaints Procedure since Wealden District Council is not responsible for Resident Associations who are independent bodies. |
Complaint about damp and mould and lack of action | Property Services | Partially justified due to delays following the departure of an Officer and because communication should have been better. |
Complaint about delays to a mutual exchange resulting from a mistake when transferring the property from a joint to sole tenancy many years earlier | Housing Management | Upheld. The Officer who had made the transfer of tenancy had wrongly interpreted the court order at the time. This was identified during the mutual exchange leading to delays. £50 compensation was awarded. |
Complaint about a private rented tenant who had secured the property through Letsure (financial assistance from the Council) | Housing Options & Homelessness | No upheld. The tenant was a private tenant who had secured the property directly from the landlord |
Complaint regarding a water leak, damp and mould and lack of action | Property Services | Not upheld. All works had been completed at the property. There was no damp or mould present. |
Complaint regarding broken heating system over winter, damp and mould and delays replacing the cavity wall insulation | Property Services | Justified as the repair had taken longer than we would normally expect. |
Complaint regarding an outstanding water leak and missed appointment | Property Services | Justified as the repair initially had failed to be logged. |
Complaint regarding a change of banding because of refusing a property. | Housing Options & Homelessness | Not upheld as the decision had been based on information provided at the time. However, based upon the new evidence this decision will be reviewed. |
Complaint regarding the lack of response to Section 21 consultation about lift servicing and refurbishment | Housing Management | Not upheld since Stage 1 of the consultation for section 21 notices does not require us to respond to any observations within 21 days. |
Complaint about the lack of support from an Officer. | Housing Policy & Partnerships | Not upheld. Evidence highlighted the extent of the support provided; the allegations made against the officer were not supported by a third party also present. |
Stage 2 | ||
Detail | Team within Housing | Outcome |
Repairs and clean up works following the repair | Property Services | Not escalated as no relevant new information had been provided and the Stage 1 had been fully and appropriately responded to. |
Summary of the Complaint | Service | Outcome and how the complainant was resolved (if applicable) |
Quarter 2 2023-2024: July, August and September 2023
| ||
Stage 1 | ||
Detail | Team within Housing | Outcome |
|
|
|
Complaint with the service received by a contractor – repairs not being carried out. | Property Services | Not upheld. Concerns about guttering and downpipe had been investigated and responded to. An agreement was made for the cleaning of green algae growth on wall surrounding downpipe.
|
Complaint about unsuccessful bids on properties, loss of medical notes on council files, and bids showing as ‘rejected’ despite not being offered properties. | Housing Options | Partially upheld. All medical notes had been received and supporting evidence reviewed. Records showed that a property offered had been refused and unsuccessful bids were in line with the Housing Allocations Policy, but with one administrative error which we cannot now reverse as the property had been let.
|
Complaint about council’s decision on disqualification to join the housing register and wrongful allocation of a property to another individual. | Housing Options | Not upheld. After the council had notified the complainant that they did not qualify to join the register. They asked for a review, which was carried out, but they were found not to meet the eligibility criteria. There is no further right to a review/appeal.
The complaint falls outside of the scope of the Corporate Complaints Procedure. |
Complaint follows previous recorded complaint. That the council’s reviewer made wrongful interpretations and judgement, affecting the handling of case. | Housing Options | Not upheld. Concurred with the council’s original findings and decision. Reiterated that the complaint falls outside of the scope of the Corporate Complaints Procedure. |
Complaint about service provided as part of the Warm Home Check Scheme, and not being informed by the council that they were no longer on the list to receive funding for insulation. | Property Services | Not upheld A referral form was completed and signposted by a member of council staff using The Winter Home Check Service website, which is managed by Hastings Borough Council and a service provided by East Sussex County Council. Advice given to raise a complaint with Hastings Borough Council regarding no longer being on the list. |
Complaint on the council’s refusal to further explain a letter regarding the Disabled Facility Grants despite being advised about autism and requiring assistance. | Property Services | Not upheld. Multiple efforts had been made verbally, in person, over the phone, in writing and by email, to explain the DFG process and reasoning for grant not being feasible. |
Complaint from owner occupier about the council’s failure to maintain a property that had resulted in a pest infestation. | Property Services | Not upheld. All identified work following an earlier survey inspection of the property had been completed, including pest treatment. |
Complaint about the council’s handling of an application for housing. | Housing Options | Not upheld. Applicant was not eligible for homelessness assistance but would be in another Local Authority where they had a local connection so referred to them. This assessment was correct. Any request for a review falls outside the scope of the Corporate Complaints Procedure. |
Complaint about the lack of communication from the council, on reported damp and mould. | Property Services | Upheld. Failure of communication on updates identified. This was partly due to a period of staff shortages during a very busy period. As a result of the complaint a senior surveyor was allocated to the case, an inspection was made, and remedial actions placed. |
Complaint on outstanding items on a fire risk assessment. | Property Services | Not upheld. Complaint identified and considered as a request for a service. As a result, the required work was passed on for actioning. |
Complaint about the council asking unreasonable number of questions and time taken to consider and refuse a homelessness application. | Housing Options | Not upheld. Applicant’s circumstances changed throughout the process, and it had been difficult to get the evidence needed, contributing to delay in the council’s decision.
Complaint with decision made on not qualifying to join the register falls outside of Corporate Complaints Procedure. |
Complaint about unreasonable time taken to fix communal lights. | Property Services | Upheld. Repairs to lights were not straight forward however, the repairs did take longer than the council would consider acceptable. |
Complaint about council not sticking to original agreement that increase in banding to happen after 1 year of living in accepted accommodation. | Housing Options | Upheld. Increase in banding was meant to have been offered. This incentive was part of a Local Letting Plan that had came to an end before the 1 year came to completion. The agreement should have been kept to as a legacy to the original arrangement. Subsequently, increase in banding has been arranged. |
Complaint about brick shed remaining damp despite a report and repairs recommendations. Also, noise from water tanks despite numerous repair attempts. | Property Services | Not upheld. Works undertaken to make the shed as watertight as possible within restrictions of its construction – the shed is not designed to be watertight without extensive improvement works to the wall structure. Shed is not a habitable space of the dwelling, therefore level of expenditure to achieve this is not achievable or practical. Works to water tank had been completed. No further reports received since works were completed. A service request raised for further investigation. |
Stage 2 |
|
|
Council’s decision on disqualification to join the housing register and wrongful allocation of a property to another individual.
| Housing Options | Not upheld. No new information provided. Stage 1 complaint fully and appropriately responded to. |
About outstanding items on a fire risk assessment, that this should not have been dealt with as a service request, and as such contrary to the council’s complaint procedure. | Property Services | Not upheld. The council’s complaints procedure allows determination of what can be deemed a service request. The officers had dealt with all correspondence in the correct manner and satisfied procedures. |
Complaint about unreasonable time taken to fix communal lights, and that the response was factually incorrect. | Property Services | Not upheld. No new information provided further to complaint at stage 1, complaint found to be fully and appropriately responded to. |
The Housing Ombudsman reviewed 5 cases referred to them by Wealden Residents between 1st April 2022 and 31st March 2023 of which:
In one case no maladministration was found but a service failure was found. The Housing Ombudsman made 3 orders and 4 recommendations.
In the other 4 cases referred by one resident 10 issues were raised. In 9 no maladministration found but in 1 maladministration was found. 6 recommendations were made in light of the issues raised.
A total of £449 in compensation was awarded.
Key:
Maladministration is where the landlord has failed to comply with its legal obligations or its policies and procedures, or where the landlord has unreasonably delayed in dealing with the matter.
Orders is where the Ombudsman orders a landlord to implement the remedies that they have identified for that case and includes paying compensation, making changes/reviewing polices/procedures or introducing new policies/procedures.
Recommendations is where the Ombudsman advises the landlord to do something for example apologising to the complainant, paying compensation, carrying out certain works or undertaking other forms of readdress.
How do Wealden compare as a landlord in terms of complaints
The Housing Ombudsman produces an annual report for any housing provider who has 5 or more cases referred to them. Landlord-Report-Wealden-District-Council.pdf (housing-ombudsman.org.uk) here you can find out how Wealden performed in 2022-23.