Complaints Policy - BHT Sussex

BHT Sussex welcomes complaints and expressions of dissatisfaction as one way of helping to learn, improve and develop our services and practice.

A complaint is defined as an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its employees, or those acting on its behalf, affecting the individual client, tenant or group or tenants.

If a complaint is received regarding the action, or lack of action, of a third party working on behalf of BHT Sussex, the complaint investigation will be administered by BHT Sussex.

Complaints will be acknowledged and logged within 5 working days. They will be responded to promptly and objectively with an aim of fair resolution. Complaints will be treated with respect and understanding.

Complainants can have a representative of their choice throughout the process.

If a complaint is submitted via a third party or representative, the complaint will be dealt with in line with this Policy and Procedure.

BHT Sussex recognise the difference between a service request and a complaint. A service request is a request from a client or tenant for action to be taken to put something right. Such requests are recorded and monitored separately to this Policy and Procedure. However, if a client or tenant expresses dissatisfaction with the response to a service request, they have the right to make a complaint which will be dealt with in line with this Policy and Procedure.

BHT Sussex carries out an Annual Survey which all clients and tenants are invited to complete. The BHT Sussex Complaints Policy and Procedure will be made available to clients and tenants during the Annual Survey process. An expression of dissatisfaction within the survey is not a complaint. However, wherever possible we will contact the person who completed the survey to make them aware of how they can pursue a complaint should they wish.

Services will have a named Complaints Officer, normally expected to be the Service Manager, who will ensure a thorough, fair and appropriate response to complaints.

The Procedure will:

Be committed to early resolution.
Be easily accessible and well publicised.
Ensure a swift response, with established time limits for action. Where such a timetable cannot be adhered to, the complainant will be informed of this and the reason why.
Ensure that the complainant is informed and updated during the complaints process.
Ensure a full and fair investigation.
Ensure that the BHT Sussex Data Protection and Confidentiality Policy is adhered to.
Address all points raised and provide an effective response and appropriate redress to these.
Ask the complainant how they would like the complaint to be resolved, and what they would ideally like the outcome to be.
Provide information so that services can be improved.

A complaint should be made within twelve months of the issue arising. However, BHT Sussex will look to use discretion wherever possible and consider each complaint on its own merits. We will usually always accept a complaint unless there is valid reason not to do so. If we do decide not to accept a complaint, then clear reasons will be given to the complainant and give them details of how to contact the relevant regulatory body, such as the Housing Ombudsman or Care Quality Commission.

Examples of reasons why a complaint may be refused are listed below:

The issue giving rise to the complaint occurred over twelve months ago.
Legal proceedings have started. This is defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.
Matters that have previously been considered under the Complaints Policy and Procedure.

In addition to the above, BHT Sussex will not normally investigate or respond to complaints made by parties against whom the BHT Sussex Legal and Advice Service are acting.

At the conclusion of the process, the complainant will be asked whether they are satisfied with how the complaint was resolved. A summary will be reported quarterly and annually to the Operations and Personnel Committee.

The Complaints Policy and Procedure is set out in accordance with the Housing Ombudsman Complaint Handling Code 2024 and the BHT Sussex Advice Services Specialist Quality Mark and Solicitor's Regulation Authority. It is publicised on the BHT Sussex website, in handbooks and information leaflets. For more information about the Housing Ombudsman visit www.housing-ombudsman.org.uk.

Reasonable Adjustments

BHT Sussex employees should be sensitive to literacy or other communication and support needs and should offer to assist, if appropriate. Assistance can be provided, if appropriate, by BHT Sussex employees or complainants can be sign-posted to other agencies, such as Citizens Advice. Where the complaint is not in writing, the employee receiving the complaint will need to complete the complaint form with details of the complaint and how to contact the complainant, etc.

How to Make a Complaint

Complainants can raise a complaint in any way, to any employee. All employees will be aware of the complaints process and be able to pass details of the complaint to the relevant complaint handler.

Stage One

Each service will have a named complaint handler at Stage One. This will usually be the Manager or Senior Manager of that service.

A complaint at Stage One will be acknowledged within five working days of the complaint being received.

The complaint handler will endeavour to resolve the matter promptly and will provide a written response to the complainant within ten working days.

If a response to the complaint cannot be provided within ten working days, the complaint handler will agree suitable intervals to keep the complainant informed on progress of the complaint and when they can expect a response. Any extension will be no longer than ten working days without good reason. These reasons will be clearly explained to the complainant and contact details for the Housing Ombudsman will be provided.

When a complaint is logged at Stage One, we will set out our understanding of the complaint and the outcome that the complainant is seeking. If any aspect of the complaint is unclear, we will ask the complainant for clarification.

We will be clear with the complainant which aspects of the complaint we are, and are not, responsible for when acknowledging the complaint.

The complainant will be kept informed and updated during the complaint process.

Complaint handlers will deal with the complaint on their own merit, act independently and have an open mind. They will give the complainant a fair chance to set out their position and take measures to address any actual or perceived conflict of interest. They will consider all relevant information and evidence carefully.

A complaint response will address all points raised in the complaint and provide clear reasons for our decision which may reference relevant Policy, Law and good practice. The response will be provided to the complainant when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed.

A report of the complaint will be kept on the relevant internal computer system, so that a summary of all complaints can be produced when required.

The Chief Executive and the relevant Director should be alerted at the earliest opportunity to any complaints that are particularly serious in nature (for example, abuse, neglect or serious injury or complaints reported to the press or from elected politicians).

At the conclusion of Stage One, the complainant will be asked whether they are satisfied with how the complaint has been resolved. If they remain dissatisfied with the response, they will be advised on the process for escalating the complaint to Stage Two.

BHT Sussex will not refuse to escalate a complaint to Stage Two unless there is a valid reason to do so. This reason will be clearly explained to the complainant and the contact details for the Housing Ombudsman will be given to them.

Stage Two

If all or part of the complaint is not resolved to the complainant’s satisfaction at Stage One, then they have the right to request that their complaint is escalated to Stage Two via the same route that they made the initial complaint.

Each service will have a named complaint handler at Stage Two. This will not be the same person that considered the complaint at Stage One. This will usually be the Senior Manager or Director of the service.

Requests for escalation to Stage Two will be acknowledged within five working days of the escalation request being received.

Complainants will not be expected to explain their reasons for requesting an escalation to Stage Two.

The Stage Two complaint handler will issue a final response within twenty working days of the complaint being acknowledged.

If a final response to the complaint cannot be provided within twenty working days, the Stage Two complaint handler will agree suitable intervals to keep the complainant informed on progress of the complaint and when they can expect a final response. Any extension will be no longer than twenty working days without good reason. These reasons would be clearly explained to the complainant and the contact details for the Housing Ombudsman will be provided to them.

The final complaint response will address all points raised in the escalation request and provide clear reasons for our decisions and the detail of any remedy offered to put things right. The final response will be provided to the complainant when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed.

At the conclusion of Stage Two, the complainant will be asked whether they are satisfied with how the complaint has been resolved. If they remain dissatisfied with the response, they will be advised on the process for escalating the matter to the Ombudsman Service.

Excessive Complaints

BHT Sussex is committed to dealing with complaints in an open and transparent way, that is fair and equal. However, if complaints surpass what is deemed reasonable, there may be occasions when we consider complaints to be excessive. Before making any such determination, we will consider our responsibilities under the provisions of the Equality Act 2010 and ensure that any decision to restrict contact is proportionate.

There may be a complainant who, because of the frequency, nature, or tone of their contact with BHT Sussex, could adversely affect our ability to do our job and to provide a service to others. BHT Sussex will refer to these complainants as unreasonably persistent.

Unreasonable or unreasonably persistent complainants are those who make complaints that:

Do not have any serious purpose or value.
Are designed to cause disruption or annoyance.
Have the effect of harassing BHT Sussex or can easily be seen as obsessive.

A complaint will only be deemed as unreasonable once it has been discussed and agreed by a member of the Executive Management Team (EMT). If a complaint is deemed as being unreasonable, the complainant will receive one written warning confirming that if their actions and behaviour continues, it will result in BHT Sussex treating them as unreasonably persistent and future contact may be restricted.

Managers looking to implement this policy should do so in conjunction with the relevant Director or Chief Executive. This policy will not be implemented until approved by a Director or the Chief Executive.

Depending on the level and nature of the complainant’s contact with BHT Sussex, the following action may be taken:

Requesting contact in a specific form (e.g. by letter only).
Requesting contact be made with a named officer only.
Setting the number of phone calls that will be accepted (e.g. one call a week).
Refusing to deal with future correspondence on the same matter if a decision has already been reached.

Offensive, abusive, or threatening behaviour will not be accepted.

Complaint against the Chief Executive

The exception to the above procedure relates to a complaint against the Chief Executive. A complaint should be made in writing and addressed to the Chair of the Operations and Personnel Committee, BHT Sussex, 144 London Road, Brighton, BN1 4PH. They will acknowledge receipt of the complaint within five working days and will identify a person who will investigate the complaint (the Investigating Officer).

On conclusion of the investigation, which will normally include an interview with the complainant, the Chief Executive, and relevant witnesses, the Investigating Officer will report back to a panel of at least two Board members appointed by the Chair of the Operations and Personnel Committee. The panel will make a decision which will be communicated in writing to both the complainant and the Chief Executive.

Complaints against the Chief Executive will normally be dealt with within twenty working days of the complaint being acknowledged.

Appeals against the decision of the panel can be made in writing, within 30 days of the conclusion of the complaint, to the Chair of the Board, BHT Sussex, 144 London Road, Brighton, BN1 4PH. They will acknowledge receipt of the complaint within five working days. The Chair will review the complaint file and will normally speak to the complainant.

The Chair will make a final ruling and communicate this to the complainant and the Chief Executive, within twenty working days of receipt of the appeal.

If the complainant remains dissatisfied with response of the Chair, they will be advised on the process for escalating the matter to the Ombudsman Service.

Monitoring and Review

Managers will ensure that data is recorded on the relevant internal computer system, so that they can provide a summary report on the number of complaints received, the outcomes, whether the complainants are satisfied with how the complaints have been resolved, and the response times achieved (i.e. the number resolved within the specified time, the number resolved within an extended timescale, and the number not resolved within time).

Complaint response data will be collected and reported quarterly to the BHT Sussex Operations and Personnel Committee and annually to the BHT Sussex Board.

We will share our Annual Complaints Performance and Service Improvement report with the BHT Sussex Tenant Scrutiny Panel.

This Policy and Procedure will be reviewed annually to ensure compliance with future updates to the Housing Ombudsman Complaint Handling Code and the BHT Sussex Advice Services Specialist Quality Mark and Solicitor’s Regulation Authority.

The contact details for the Housing Ombudsman Service are: