Complaints and Compensation Policy

Transcription

1 Approval date January 2017 Approval Level Review Period Board 2 years Next Review Date January 2019 Policy Owner Role Title Responsible Director Head of Customer Experience Customer Services Contents 1.0 Purpose and scope Legal Framework Definition Policy Statement Responsibilities Unreasonable Behaviour Complaints made by advocates Compensation for service failure Right to Repair (Statutory payment) Loss of amenities Damage to a resident s property or decorations Exceptions... 7

2 1.0 Purpose and scope Purpose Wandle encourages and welcomes complaints as an important form of customer insight. The policy sets out how we will investigate and respond to complaints delivering resolution for individual complaints, whilst ensuring lessons are learnt and used to deliver longer term improvements to our services to customers. Scope Wandle provides a range of services to a variety of customers. On occasion those customers may want to formally complain about the service they have received if they feel Wandle has failed to meet their expectations. We welcome feedback and will take the opportunity to put things right and improve our services. This policy has been written with reference to the regulatory code and the good practice procedure for complaints handling by the Housing Ombudsman Service. Wandle accepts complaints from tenants, leaseholders / shared owners or third parties who have a connection to Wandle resident or property (either as a representative of a Wandle resident or as a neighbour living near a Wandle property or future development site. Wandle will not accept complaints from sub-tenants of Wandle tenants / leaseholders or in cases where there is current legal action being taken against Wandle for example a complaint will not be accepted where a customer has commenced legal proceedings under disrepair. There are some things which we will not deal with as complaints, including: a service request, such as reporting a repair or anti-social behaviour the matter has been dealt with through legal action or an insurance claim, or is currently subject to legal action, an insurance claim or a claim for damages the matter has been passed to our legal team after receipt of an Early Notification Letter or Letter of Claim under the disrepair pre-action protocol the matter is subject to an enforcement notice or other statutory notice the cause for complaint is more than 6 months old but is only reported now, unless in the opinion of Wandle there is good reason for delay the complaint is an attempt to reopen a previously concluded complaint, or to have a complaint reconsidered where we have already given our final decision disagreement with a decision we have made where there is another procedure to appeal the decision, such as a dispute about service charges issues being pursued in an unreasonable manner including frivolous or vexatious complaints. Date of Approval: January 2017 Page 2 of 7

3 2.0 Legal Framework The complaints procedure includes the arrangements for complaints brought in by the Localism Act The complaints and compensation policy ensures that Wandle meets its regulatory obligations as set out in the Tenant Involvement and Empowerment Standard. Wandle is registered with the Housing Ombudsman Service; providing customers with an independent review should they remain dissatisfied at the end of Wandle s complaints process. In line with the dispute resolution principles of the Housing Ombudsman Service, our complaints procedure focuses on: Treating all complaints fairly Resolving issues where something has gone wrong Learning from complaints to improve services 3.0 Definition A complaint is: An expression of dissatisfaction, however made and whether justified or not, concerning the quality of service provided by, or the actions taken by Wandle, its contractors or staff members This may include: Failure to fulfil our legal or contractual obligations Failure to provide a service or respond to an enquiry in line with our published policies or service standards Dissatisfaction with a decision made 4.0 Policy Statement 4.1 Responsibilities Sponsorship of the policy sits with the Executive Director of Customer Services with the day to day operational responsibility being with the Head of Customer Experience. Every member of Wandle staff has responsibility for ensuring customer complaints are recorded and acted on in a timely fashion. The Customer Experience Team are responsible for: Logging, acknowledging and allocating a lead investigator to all complaints, Supporting lead handlers and ensuring that a record of all contact is recorded within the complaint management system Date of Approval: January 2017 Page 3 of 7

4 Maintaining a log of all agreed actions and timescales for completion as well as tracking and capturing evidence that actions have been completed Capture feedback from customers on the effectiveness of the complaints process Report to the business on themes and lessons learnt from complaints ensuring that these are fed into service improvement plans Lead Handlers have responsibility for (Lead Handlers will usually be the relevant service manager): Making early contact with the complainant to understand the reasons for their dissatisfaction with Wandle and what redress they are seeking to put this right. Fully investigating all issues raised by the complaint and agree any steps to resolve them Providing regular updates and communication to the complainant Taking personal ownership of the complaint through to full resolution including actions that are agreed for completion post closure of the complaint. Providing a fully completed case record form including root cause of failure and lessons learnt. Senior Management Group are responsible for: Complaint escalation reviewing the original investigation and the subsequent actions taken by the lead handler Investigating and preparing reports for complaint panel hearings ensuring that a full chronology of events is provided; supporting evidence of all correspondence and highlighting Wandle s actions in relation to its organisational policies and procedures and should seek to make recommendations to the panel based on the findings. Attending complaint panel hearings presenting the investigations findings and takes responsibility for following up on the panels finding and recommendations and ensuring these are fully implemented both to ensure individual resolution for the complainant and to ensure organisational learning and continuous improvement. The Executive Team and Board will have oversight of the effectiveness of the policy and may be required from time to time to participate in hearing escalated panel complaints determining if there has been evidence of service failure and making recommendations to ensure full resolution. 4.2 Unreasonable Behaviour Wandle uses the Housing Ombudsman Service guidance on unacceptable behaviour to manage complaints where the complaint or behaviour of the complainant is unreasonable. This will include behaviour which is likely to impact on the investigation and resolution of their complaint, other complaints or may result in unreasonable use of Wandle s resources. These may be characterised by: Repeated complaints on an issue where the complaint procedure has already been fully implemented and exhausted Continual changes to the substance of the complaint Date of Approval: January 2017 Page 4 of 7

5 Unwillingness to accept documented evidence Threatened or actual physical violence or verbal abuse towards staff or families or associates Persistent approaches to several people in the organisation at the same time about the same issues In these instances when the contact from the customer is unreasonably persistent or vexatious, we may choose to close the complaint with a final letter outlining our actions and response to the issues originally raised by the customer. 4.3 Complaints made by advocates We recognise that sometimes a customer may need support to make a complaint; we will accept complaints brought by third parties as long as the customer has given their personal consent for that person to act on their behalf. A solicitor or law centre may refer a complaint to us on a customer s behalf, however we will not engage with solicitors or legal representatives during the complaint procedure, as it is not a legal process. We will communicate directly with the customer, or if they prefer, a non-legal advocate such as a friend or family member. 4.4 Compensation for service failure Wandle is committed to providing efficient and responsive services to its customers. Where the service delivery does not meet the relevant service standard or reasonable level of service, we recognise that an explanation or an honest apology may not be enough to compensate a customer for upset, inconvenience or loss suffered when standards are not achieved, or when things go wrong. Wandle recognises that, in some cases customers have a statutory right to compensation. In other cases a discretionary payment or other benefit may be appropriately given, as recognition of service failure or because of the special circumstances of the case. This section provides guidance as to when it s appropriate to consider compensation. Wandle may offer compensation payments to customers affected by its failure to achieve reasonable levels of service delivery. This may include: General claims for compensation in relation to formal complaints Compensation for any loss of room, amenity or service Compensation for delays in carrying out repairs (Right to Repair) Making good decorations and/or fixtures Compensation may be paid for more than one of the above categories. Wandle will also consider financial compensation or some other benefit, in cases where: Specific financial losses, that can be evidenced, have been incurred The complainant has spent a significant amount of time and trouble pursing the matter and payment or some benefit is considered appropriate as goodwill gesture Date of Approval: January 2017 Page 5 of 7

6 Taking into account the individual circumstances of the tenant, it is considered that exceptional hardship and/or inconvenience has been caused by events. Particular emphasis will be given to cases involving vulnerable tenants. 4.5 Right to Repair (Statutory payment) Wandle aims to complete repair work to published timescales and with minimum disruption to customers. Where we fail to achieve this we will rearrange the repair and this will be agreed with the resident. If the repair is not completed within the revised timescale, secure and assured customers may be entitled to claim compensation as outlined in the right to repair scheme. The scheme relates to small urgent, repairs under 250 in value which might threaten health and safety of the tenant e.g. unsafe power, blocked sink etc. we pay 10 plus 2 per day up to a maximum of Loss of amenities Customers may be entitled to compensation if any part of the dwelling, or its major amenities, are unusable by the resident as a result of delayed repairs or works that are the responsibility of Wandle. Compensation is payable as per below: Amenity lost heating Hot Water System Kitchen bathroom living room Bedrooms Compensation payable 5 daily after 24 hours provided no reasonable alternative was offered by Wandle. 5 daily after 24 hours provided that no reasonable alternative was offered by Wandle 15% of weekly rent after 48 Hours 15% of weekly rent after 48 hours (reduced to 10% of a 2 nd WC is available). 15% of weekly rent after 7 days 15% of rent after 7 days All references to weekly rent means basic rent only and does not include service charges. 4.7 Damage to a resident s property or decorations Residents are responsible for arranging their own contents insurance. Generally Wandle will only consider compensation for damage to a customer s property or decoration where it has occurred as a result of failure to complete a repair. If Wandle has met its service standards on repairs, claims for compensation will not be considered. Any claim for compensation will be based on actual loss incurred and will require both evidence of damaged items and associated costs. Where the matter is subject to an insurance claim through Wandle s insurers all information and supporting evidence will be provided to Wandle s insurers to consider. The insurers will settle directly with the resident if the claim is approved. Date of Approval: January 2017 Page 6 of 7

7 Good will gestures or time and inconvenience payments for service failures will be considered where customers have suffered a material loss through time and trouble spent trying to resolve service failures. Consideration will be given to the length of time taken to resolve the issues and the impact they have had on the resident and their household. 4.8 Exceptions Compensation will not be paid in the following circumstances: The loss was due to the action or inaction of the resident, or their associates, and should be covered by contents insurance The claim is in relation to a missed appointment and reasonable steps were taken to cancel it at least 24 hours before the appointment was due The loss or damage has been caused by a contractor or third party who is not acting on behalf of Wandle Service failure is the result of extreme or unforeseen conditions, and Wandle has taken all reasonable steps to restore services or facilities There is evidence to suggest that the claim is fraudulent or exaggerated The case is subject to tribunal or other legal proceedings The claim has been submitted after 6 months of an event occurring, unless there are clear reasons for this. Date of Approval: January 2017 Page 7 of 7