Complaint handling self-assessment 2024-25
This self-assessment form should be completed by the complaints officer and it must be reviewed and approved by the landlord's governing body at least annually.
Once approved, landlords must publish the self-assessment as part of the annual complaints performance and service improvement report on their website. The governing body's response to the report must be published alongside this.
Landlords are required to complete the self-assessment in full and support all statements with evidence, with additional commentary as necessary.
We recognise that there may be a small number of circumstances where landlords are unable to meet the requirements, for example, if they do not have a website. In these circumstances, we expect landlords to deliver the intentions of the Code in an alternative way, for example by publishing information in a public area so that it is easily accessible.
Section 1 - Definition of a complaint
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
1.2 | A complaint must be defined as: | Yes |
| The definition of a complaint is outlined in our Complaints Policy. |
1.3 | A resident does not have to use the word 'complaint' for it to be treated as such. Whenever a resident expresses dissatisfaction landlords must give them the choice to make complaint. A complaint that is submitted via a third party or representative must be handled in line with the landlord's complaints policy. | Yes | Contact us, complaints and compliments page.
| This is included on our contact us, complaints and compliments page. |
1.4 | Landlords must recognise the difference between a service request and a complaint. This must be set out in their complaints policy. A service request is a request from a resident to the landlord requiring action to be taken to put something right. Service requests are not complaints, but must be recorded, monitored and reviewed regularly. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
1.5 | A complaint must be raised when the resident expresses dissatisfaction with the response to their service request, even if the handling of the service request remains ongoing. Landlords must not stop their efforts to address the service request if the resident complains. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
1.6 | An expression of dissatisfaction with services made through a survey is not defined as a complaint, though wherever possible, the person completing the survey should be made aware of how they can pursue a complaint if they wish to. Where landlords ask for wider feedback about their services, they also must provide details of how residents can complain. | No |
| A research company carries out our annual TSM survey on our behalf. Respondents are advised of how to make a complaint. All Housing related surveys will also include information to let residents know how they can complain. |
Section 2 - Exclusions
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / 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 | Included in the Council's complaints policy in section 'what is a complaint'. | |
2.3 | 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 |
| Included in the Council's complaints policy in section 'what is a complaint'. |
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 | Included in the Council's complaints policy in section 'what is not covered by the policy' | |
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 | Included in the Council's complaints policy in section 'what is a complaint'. | |
2.5 | Landlords must not take a blanket approach to excluding complaints; they must consider the individual circumstances of each complaint. | No |
| Not currently stated in our complaints policy, draft policy update includes this information |
Section 3 - Accessibility and Awareness
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
3.1 | Landlords must make it easy for residents to complain by providing different channels through which they can make a complaint. Landlords must consider their duties under the Equality Act 2010 and anticipate the needs and reasonable adjustments of residents who may need to access the complaints process. | Yes | The Contact us, complaints and compliments page outlines the different ways a customer can access the complaints process. We also outline that customers can contact us if they require any additional assistance. | |
3.2 | Residents must be able to raise their complaints in any way and with any member of staff. All staff must be aware of the complaints process and be able to pass details of the complaint to the appropriate person within the landlord. | Yes | Full written complaints process guidance available to all Housing colleagues. | There is full written process guidance which all Housing colleagues have access to. In addition, complaints training has been delivered to over 100 officers across Housing Services. |
3.3 | High volumes of complaints must not be seen as a negative, as they can be indicative of a well-publicised and accessible complaints process. Low complaint volumes are potentially a sign that residents are unable to complain. | Yes | Complaint volumes are reported on both internally and externally. | The council reports the number of complaints registered annually to the regulator. These figures also forms part of our own quarterly KPI reporting and are reported to Housemark annually. The Council also takes part in Housemark's monthly pulse report. |
3.4 | Landlords must make their complaint policy available in a clear and accessible format for all residents. This will detail the two stage process, what will happen at each stage, and the timeframes for responding. The policy must also be published on the landlord's website. | Yes | Complaints policy | Our Complaints Policy is available on our website. |
3.5 | The policy must explain how the landlord will publicise details of the complaints policy, including information about the Ombudsman and this Code. | Yes | Complaints policy | The Council's complaints policy is published on our website. The policy includes information about the Housing Ombudsman. |
3.6 | Landlords must give residents the opportunity to have a representative deal with their complaint on their behalf, and to be represented or accompanied at any meeting with the landlord. | Yes | Making a complaint | This is included in our Complaints Policy. |
3.7 | Landlords must provide residents with information on their right to access the Ombudsman service and how the individual can engage with the Ombudsman about their complaint. | Yes | Complaints policy | Details of the Housing Ombudsman are included with every letter we issue at each stage of the complaints process. We also publicise details within our complaints policy and our updated 'contact us, complaints and compliments' page on the Council's website. |
Section 4 - Complaint Handling Staff
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
4.1 | Landlords must have a person or team assigned to take responsibility for complaint handling, including liaison with the Ombudsman and ensuring complaints are reported to the governing body (or equivalent). This Code will refer to that person or team as the 'complaints officer'. This role may be in addition to other duties. | Yes |
| A nominated Council officer is responsible for liaising directly with the HO service in relation to all complaints raised with the HO. In addition, the Customer Feedback and Insights Officer has oversight of policy and process to ensure that we are fully compliant with the HO Code. They also get involved in dispute resolution providing advice and guidance to investigating officers and customers. |
4.2 | The complaints officer must have access to staff at all levels to facilitate the prompt resolution of complaints. They must also have the authority and autonomy to act to resolve disputes promptly and fairly. | Yes |
| The Customer and Feedback Insights Officer and Principal Complaints Officer have authority to liaise with staff at all levels to facilitate the resolution of complaints. |
4.3 | Landlords are expected to prioritise complaint handling and a culture of learning from complaints. All relevant staff must be suitably trained in the importance of complaint handling. It is important that complaints are seen as a core service and must be resourced to handle complaints effectively | Yes |
| Complaints handling training has been provided to over 100 officers and managers across all Housing Services. Training material and process guides are also available on the colleague Intranet. |
Section 5 - The Complaint Handling Process
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
5.1 | Landlords must have a single policy in place for dealing with complaints covered by this Code. Residents must not be treated differently if they complain. | Yes | The Council has one complaints policy for Housing complaints. | |
5.2 | The early and local resolution of issues between landlords and residents is key to effective complaint handling. It is not appropriate to have extra named stages (such as 'stage 0' or 'informal complaint') as this causes unnecessary confusion. | Yes | The Council has a 2 stage complaints process for Housing complaints. There are no 'informal' stages. | |
5.3 | A process with more than two stages is not acceptable under any circumstances as this will make the complaint process unduly long and delay access to the Ombudsman. | Yes | The Council has a 2 stage complaints process for Housing complaints. | |
5.4 | Where a landlord's complaint response is handled by a third party (e.g. a contractor or independent adjudicator) at any stage, it must form part of the two stage complaints process set out in this Code. Residents must not be expected to go through two complaints processes. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
5.5 | Landlords are responsible for ensuring that any third parties handle complaints in line with the Code. | No | See 5.4 | |
5.6 | When a complaint is logged at Stage 1 or escalated to Stage 2, landlords must set out their understanding of the complaint and the outcomes the resident is seeking. The Code will refer to this as "the complaint definition". If any aspect of the complaint is unclear, the resident must be asked for clarification. | Yes | The Council has a template letter for all complaint responses which prompts the investigating officer to explain their understanding of the complaint within the response. | |
5.7 | When a complaint is acknowledged at either stage, landlords must be clear which aspects of the complaint they are, and are not, responsible for and clarify any areas where this is not clear. | Yes | The investigating officer will set out in their acknowledgement letter if the Council are not responsible for any aspect of the complaint. | |
5.8 | At each stage of the complaints process, complaint handlers must: a. deal with complaints on their merits, act independently, and have an open mind; b. give the resident a fair chance to set out their position; c. take measures to address any actual or perceived conflict of interest; and d. consider all relevant information and evidence carefully. | Yes | Send an enquiry, complaint or compliment | The council set out these principles on our Contact us, complaints and compliments page. |
5.9 | Where a response to a complaint will fall outside the timescales set out in this Code, the landlord must agree with the resident suitable intervals for keeping them informed about their complaint. | Yes | Our template letter for any extended timescales outlines when the resident will receive a response. | |
5.10 | Landlords must make reasonable adjustments for residents where appropriate under the Equality Act 2010. Landlords must keep a record of any reasonable adjustments agreed, as well as a record of any disabilities a resident has disclosed. Any agreed reasonable adjustments must be kept under active review. | Yes | Equal Opportunities Policy (PDF, 678 KB) | |
5.11 | Landlords must not refuse to escalate a complaint through all stages of the complaints procedure unless it has valid reasons to do so. Landlords must clearly set out these reasons, and they must comply with the provisions set out in section 2 of this Code. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
5.12 | A full record must be kept of the complaint, and the outcomes at each stage. This must include the original complaint and the date received, all correspondence with the resident, correspondence with other parties, and any relevant supporting documentation such as reports or surveys. | Yes | NEC system records all stage 1 complaints centrally. Separate records are kept for any stage 2 complaints by the Customer Feedback and Insights Officer | |
5.13 | Landlords must have processes in place to ensure a complaint can be remedied at any stage of its complaints process. Landlords must ensure appropriate remedies can be provided at any stage of the complaints process without the need for escalation. | Yes | Officers responsible for responding to complaints at both stages have authority to offer appropriate remedy. The current compensation guidance is based on the HO guidance | |
5.14 | Landlords must have policies and procedures in place for managing unacceptable behaviour from residents and/or their representatives. Landlords must be able to evidence reasons for putting any restrictions in place and must keep restrictions under regular review. | Yes | Corporate Complaints Policy | Unacceptable behaviour policy in appendix 1 of complaints policy. |
5.15 | Any restrictions placed on contact due to unacceptable behaviour must be proportionate and demonstrate regard for the provisions of the Equality Act 2010. | Yes | See 5.14 |
Section 6: Complaints Stages
Stage 1
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
6.1 | Landlords must have processes in place to consider which complaints can be responded to as early as possible, and which require further investigation. Landlords must consider factors such as the complexity of the complaint and whether the resident is vulnerable or at risk. Most stage 1 complaints can be resolved promptly, and an explanation, apology or resolution provided to the resident. | Yes | Complaints process guidance document which is available to all staff explains this. | |
6.2 | Complaints must be acknowledged, defined and logged at stage 1 of the complaints procedure within five working days of the complaint being received. | Yes | Social housing complaints | We explain this in our complaints policy |
6.3 | Landlords must issue a full response to stage 1 complaintswithin 10 working days of the complaint being acknowledged. | Yes | Social housing complaints | We explain this in our complaints policy |
6.4 | Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 10 working days without good reason, and the reason(s) must be clearly explained to the resident. | Yes | Social housing complaints | We explain this in our complaints policy |
6.5 | When an organisation informs a resident about an extension to these timescales, they must be provided with the contact details of the Ombudsman. | Yes | Social housing complaints | We explain this in our complaints policy and all response letters at any stage include information about the residents right to contact the Housing Ombusdman |
6.6 | A complaint response must be provided to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Outstanding actions must still be tracked and actioned promptly with appropriate updates provided to the resident. | Yes | Social housing complaints | We explain this in our complaints policy |
6.7 | Landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate. | Yes | Our letter template highlights the issues raised by the resident and prompts the Officer writing the letter to respond to each point. | |
6.8 | Where residents raise additional complaints during the investigation, these must be incorporated into the stage 1 response if they are related and the stage 1 response has not been issued. Where the stage 1 response has been issued, the new issues are unrelated to the issues already being investigated or it would unreasonably delay the response, the new issues must be logged as a new complaint. | Yes | Social housing complaints | We explain this in our complaints policy |
6.9 | Landlords must confirm the following in writing to the resident at the completion of stage 1 in clear, plain language: a. the complaint stage; b. the complaint definition; c. the decision on the complaint; d. the reasons for any decisions made; e. the details of any remedy offered to put things right; f. details of any outstanding actions; and details of how to escalate the matter to stage 2 if the individual is not satisfied with the response. | Yes | Social housing complaints | We explain this in our complaints policy |
Stage 2
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
6.10 | If all or part of the complaint is not resolved to the resident's satisfaction at stage 1, it must be progressed to stage 2 of the landlord's procedure. Stage 2 is the landlord's final response. | Yes | Social housing complaints | We explain this in our complaints policy |
6.11 | Requests for stage 2 must be acknowledged, defined and logged at stage 2 of the complaints procedure within five working days of the escalation request being received. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
6.12 | Residents must not be required to explain their reasons for requesting a stage 2 consideration. Landlords are expected to make reasonable efforts to understand why a resident remains unhappy as part of its stage 2 response. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
6.13 | The person considering the complaint at stage 2 must not be the same person that considered the complaint at stage 1. | Yes | Social housing complaints | We explain this in our complaints policy |
6.14 | Landlords must issue a final response to the stage 2 within 20 working days of the complaint being acknowledged. | Yes | Social housing complaints | We explain this in our complaints policy |
6.15 | Landlords must decide whether an extension to this timescale is needed when considering the complexity of the complaint and then inform the resident of the expected timescale for response. Any extension must be no more than 20 working days without good reason, and the reason(s) must be clearly explained to the resident. | Yes | Social housing complaints | We explain this in our complaints policy |
6.16 | When an organisation informs a resident about an extension to these timescales, they must be provided with the contact details of the Ombudsman. | Yes | Social housing complaints | We explain this in our complaints policy |
6.17 | A complaint response must be provided to the resident when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Outstanding actions must still be tracked and actioned promptly with appropriate updates provided to the resident. | No | Not currently stated in our complaints policy, draft policy update includes this information | |
6.18 | Landlords must address all points raised in the complaint definition and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate. | Yes | Refer to template letter | Our letter template highlights the issues raised by the resident and prompts the Officer writing the letter to respond to each point. |
6.19 | Landlords must confirm the following in writing to the resident at the completion of stage 2 in clear, plain language: a. the complaint stage; b. the complaint definition; c. the decision on the complaint; d. the reasons for any decisions made; e. the details of any remedy offered to put things right; f. details of any outstanding actions; and g. details of how to escalate the matter to the Ombudsman Service if the individual remains dissatisfied. | Yes | Social housing complaints | We explain this in our complaints policy |
6.20 | Stage 2 is the landlord's final response and must involve all suitable staff members needed to issue such a response. | No | Not currently stated in our complaints policy, draft policy update includes this information |
Section 7: Putting things right
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
7.1 | Where something has gone wrong a landlord must acknowledge this and set out the actions it has already taken, or intends to take, to put things right. These can include:
| No | Not currently stated in our complaints policy, draft policy update includes this information | |
7.2 | Any remedy offered must reflect the impact on the resident as a result of any fault identified. | Yes | The Council's remedy guidance reflects the guidance from the Housing Ombudsman | |
7.3 | The remedy offer must clearly set out what will happen and by when, in agreement with the resident where appropriate. Any remedy proposed must be followed through to completion. | Yes | Our template letter includes this information. | |
7.4 | Landlords must take account of the guidance issued by the Ombudsman when deciding on appropriate remedies. | Yes | The Council's remedy guidance reflects the guidance from the Housing Ombudsman |
Section 8: Self-assessment, reporting and compliance
Code provision | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
8.1 | Landlords must produce an annual complaints performance and service improvement report for scrutiny and challenge, which must include: a. the annual self-assessment against this Code to ensure their complaint handling policy remains in line with its requirements. b. a qualitative and quantitative analysis of the landlord's complaint handling performance. This must also include a summary of the types of complaints the landlord has refused to accept; c. any findings of non-compliance with this Code by the Ombudsman; d. the service improvements made as a result of the learning from complaints; e. any annual report about the landlord's performance from the Ombudsman; and f. any other relevant reports or publications produced by the Ombudsman in relation to the work of the landlord. | Yes | Overview and Scrutiny report 17th June 2024 | |
8.2 | The annual complaints performance and service improvement report must be reported to the landlord's governing body (or equivalent) and published on the on the section of its website relating to complaints. The governing body's response to the report must be published alongside this. | Yes | The annual report will be submitted to Overview and Scrutiny committee on 17th June 2024 and will be published on the Council's website. | |
8.3 | Landlords must also carry out a self-assessment following a significant restructure, merger and/or change in procedures. | Yes | The Council will carry out a self-assessment if any reason is identified. | |
8.4 | Landlords may be asked to review and update the self-assessment following an Ombudsman investigation. | Yes | The Council will carry out a self-assessment if requested by the HO | |
8.5 | If a landlord is unable to comply with the Code due to exceptional circumstances, such as a cyber incident, they must inform the Ombudsman, provide information to residents who may be affected, and publish this on their website Landlords must provide a timescale for returning to compliance with the Code. | Yes | If such an incident arises, the Council will contact the Housing Ombudsman and any effected residents. |
Section 9: Scrutiny & oversight: continuous learning and improvement
Code section | Code requirement | Comply: Yes/No | Evidence | Commentary / explanations |
9.1 | Landlords must look beyond the circumstances of the individual complaint and consider whether service improvements can be made as a result of any learning from the complaint. | No | In 2024.2025 the Council will develop it's approach to learning from complaints. This will be informed by learning from peers and other Housing organisations. | |
9.2 | A positive complaint handling culture is integral to the effectiveness with which landlords resolve disputes. Landlords must use complaints as a source of intelligence to identify issues and introduce positive changes in service delivery. | No | See above | |
9.3 | Accountability and transparency are also integral to a positive complaint handling culture. Landlords must report back on wider learning and improvements from complaints to stakeholders, such as residents' panels, staff and relevant committees. | No | See above. | |
9.4 | Landlords must appoint a suitably senior lead person as accountable for their complaint handling. This person must assess any themes or trends to identify potential systemic issues, serious risks, or policies and procedures that require revision. | Yes | Deputy Strategic Director (HEHC) is the Senior Officer accountable for complaint handling. | |
9.5 | In addition to this a member of the governing body (or equivalent) must be appointed to have lead responsibility for complaints to support a positive complaint handling culture. This person is referred to as the Member Responsible for Complaints ('the MRC'). | Yes | The MRC in Gateshead is the Housing Portfolio Lead. | |
9.6 | The MRC will be responsible for ensuring the governing body receives regular information on complaints that provides insight on the landlord's complaint handling performance. This person must have access to suitable information and staff to perform this role and report on their findings. | Yes | See above | |
9.7 | As a minimum, the MRC and the governing body (or equivalent) must receive: a. regular updates on the volume, categories and outcomes of complaints, alongside complaint handling performance; b. regular reviews of issues and trends arising from complaint handling; c. regular updates on the outcomes of the Ombudsman's investigations and progress made in complying with orders related to severe maladministration findings; and annual complaints performance and service improvement report. | An annual housing complaints and service improvement report submitted to Overview and Scrutiny Committee in addition to a 6 monthly update report. | ||
9.8 | Landlords must have a standard objective in relation to complaint handling for all relevant employees or third parties that reflects the need to: a. have a collaborative and co-operative approach towards resolving complaints, working with colleagues across teams and departments; b. take collective responsibility for any shortfalls identified through complaints, rather than blaming others; and c. act within the professional standards for engaging with complaints as set by any relevant professional body. | No | Not currently stated in our complaints policy, draft policy update includes this information. |