Tenants Complaints Policy

Tenants Complaints Policy 

Abbeyfield Furness Extra Care Society Limited 

Registered Society number: IP 26522 R 

Complaints Policy 

1. Introduction 
2. This policy applies to Abbeyfield Furness Extra Care Society Limited and seeks to ensure that Abbeyfield Furness Extra Care Society Limited complaints process is flexible and responsive to the needs of individual residents to enable them to be heard and understood. 

Abbeyfield Furness Extra Care Society Limited complies with the Complaint Handling Code (the Code) issued by the Housing Ombudsman Service.  All complaints dealt with under this policy will be dealt with in a manner consistent with the Code and the Charity will maintain all records as required by the Code.  

1. A complaint is defined as: “an expression of dissatisfaction, however made, about the standard of service, actions, or lack of action by Abbeyfield Furness Extra Care Society Limited, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.   
2. The word “complaint” does not need to be used expressly for the matter to be considered a complaint. Whenever a resident expresses dissatisfaction Abbeyfield Furness Extra Care Society Limited will give them the option to make a complaint. Complaints made by residents may be made by the resident’s carer, family members or a representative of a resident and these must be handled in line with Abbeyfield Furness Extra Care Society Limited complaints policy.  
3. Complaints can be made to any staff member of Abbeyfield Furness Extra Care Society Limited. This can be done in a number of ways which include: 

• Telephone: 01229 468210 
• Letter to Staveley House, 80 Greystone Lane, Dalton-in-Furness, Cumbria, LA15 8QQ 
• Email: enquiries@abbeyfield-staveley.co.uk 
• Face to Face   

1. A service request is a request from a resident requiring action to be taken to put something right. Service requests are not a complaint.  Service requests should be dealt with in accordance with the Residents’ Handbook.  Failure to deal appropriately with a service request may lead to the matter being dealt with as a complaint.  
2. Service requests will be recorded, tracked and monitored to completion  
3. 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. Abbeyfield Furness Extra Care Society Limited will not stop our efforts to address the service request if the resident raises a complaint.  
4. An expression of dissatisfaction with services made through a resident’s 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.  
5. In dealing with complaints Abbeyfield Furness Extra Care Society Limited will ensure that: 
6. individuals who raise a complaint are listened to and treated with courtesy and empathy; 
7. residents will never be disadvantaged as a result of raising a complaint; 
8. complaints will be investigated promptly, thoroughly, honestly, and openly; and 
9. in dealing with complaints Abbeyfield Furness Extra Care Society Limited will comply with confidentiality and data protection policies. 
10. Exclusions 
11. Abbeyfield Furness Extra Care Society Limited must accept a complaint unless there is a valid reason not to do and will ensure we consider the individual circumstances of each complaint. 
12. The following matters will not be considered as complaints: 
13. The issue giving rise to the complaint occurred over twelve months ago.   
14. Legal proceedings have begun as defined as details of the claim, such as the Claim Form and Particulars of Claim, having been filed at Court. 
15. Matters that have previously been considered under the complaints policy. 
16. Unless excluded on other grounds, Abbeyfield Furness Extra Care Society Limited will accept complaints referred to them within 12 months of issue occurring or the resident becoming aware of the issue.  Where there are good reasons to do so, Abbeyfield Furness Extra Care Society Limited will also consider whether to apply discretion to accept complaints made outside the time limit. 
17. If a complaint is not accepted, a detailed explanation will be provided to the resident setting out the reasons why the matter is not suitable for the complaints process and their right to take that decision to the Ombudsman (see details below).   The Ombudsman may direct Abbeyfield Furness Extra Care Society Limited to take on the complaint. 
18. Unreasonable behaviour 

We understand that residents can get upset and frustrated when things have gone wrong. 

3.1 If Abbeyfield Furness Extra Care Society Limited feels a complaint is pursued unreasonably, including any actions or behaviours of the resident/representative, these complaints will be reviewed in line with Abbeyfield Furness Extra Care Society Limited unreasonable behaviour policy.  

3.2 All complaints will be reviewed on an individual basis  

3.3 If any restrictions are put in place, these will proportionate and demonstrate regard for the provisions of the Equality Act 2010.  

3.4 Abbeyfield Furness Extra Care Society Limited will ensure any restrictions will be recorded, monitored and reviewed regularly and the complainant updated following the review. 

3.5 Any restrictions in place will not prevent Abbeyfield Furness Extra Care Society Limited from ensuring the complaint can be taken be through the full complaints process. 

1. Accessibility and awareness 
2. Complaints will be dealt with in a manner that is consistent with Abbeyfield Furness Extra Care Society Limited Equality & Diversity Policy and the Charity’s duties under the Equality Act 2010.  
3. If any individual making a complaint wishes Abbeyfield Furness Extra Care Society Limited to make reasonable adjustments to accommodate an individual’s particular needs, they, or their representative, can contact Abbeyfield Furness Extra Care Society Limited by phone, email or in person to discuss what adjustments may be possible.   
4. Abbeyfield Furness Extra Care Society Limited acknowledges that a high volume of complaints must not be seen as negative, as this can be indicative of a well-publicised and accessible complaints procedure. Low complaint volumes are potentially a sign that residents are unable to complain.  
5. The complaints handling policy will be listed in the Residents Handbook, published on Abbeyfield Furness Extra Care Society Limited website. It will also be published in communal areas. Abbeyfield Furness Extra Care Society Limited will consider all requests to provide the complaints policy in other accessible formats 
6. Residents will have the opportunity to have a representative deal with their complaint on their behalf, and to be represented or accompanied at any meeting.   We will always follow data protection measures when disclosing any information to a third party.  
7. Complaint handling staff 
8. Complaints will be investigated by the Complaints Officer at Stage One. 
9. Complaints will be investigated by the Appeals Officer at Stage Two.  
10. If the Complaints Officer and/or the Appeals Officer are conflicted, or the complaint relates to the Complaints Officer and/or the Appeals Officer, the complaint should be directed to a manager.  
11.  Staff will be suitably trained in the importance of complaint handling.  
12. Complaints process 

6.1  At each stage of the complaints process, Abbeyfield Furness Extra Care Society Limited will:    

1. deal with complaints on their merits; 
2.  act independently and have an open mind but may consider reports of previous complaints that relate to the same issue being complained about;  
3. give the resident a fair chance to set out their position;   
4. take measures to address any actual or perceived conflict of interest; (which may include asking another trustee to investigate the complaint); 
5. consider all relevant information and evidence carefully.   
6. keep the details of the complaint confidential as far as possible, with information only being disclosed if necessary to properly investigate the matter. 
7. Stage One of the Complaints Process 
8. Abbeyfield Furness Extra Care Society Limited will acknowledge the complaint and make a record, within 5 working days.  The acknowledgement will:  
9. summarise Abbeyfield Furness Extra Care Society Limited’s understanding of the complaint (The complaint definition); 
10. make clear which aspects of the complaint Abbeyfield Furness Extra Care Society Limited is, and is not, responsible for and clarify any areas where this is not clear;  
11. summarise Abbeyfield Furness Extra Care Society Limited’s understanding of what the Complainant is seeking as an outcome;  
12. raise any questions that require clarification from the Complainant; and 
13. set out the next course of action and anticipated timescale.  
14. Abbeyfield Furness Extra Care Society Limited will issue a full response within 10 working days from the complaint being acknowledged.  In exceptional cases, if we anticipate that the complaint will take longer to resolve, this will be explained to the resident with a clear timeframe set out for the resolution of the complaint which will not exceed a further 10 working days, without good reason. If any further extensions are required, we will agree with resident regular intervals to update them on the progress of the complaint. Such explanation will also include the contact details of the Housing Ombudsman.   
15. A complaint response will 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 will be tracked and actioned promptly with appropriate updates provided to the resident. 
16. We will investigate the complaint in an impartial manner permitting all relevant parties to provide information.   The resident and any third parties involved in the complaint should be given the opportunity to set out their position before any final decision is made. We may delegate the management and investigation of the complaint to another individual.  
17. If the staff member dealing with the complaint is conflicted, or the complaint relates to that staff member, the complaint should be directed to the Director of Care, details are in the Residents’ Handbook. 
18. If the complaint involves questions relating to Abbeyfield Furness Extra Care Society Limited or the resident’s legal obligations, Abbeyfield Furness Extra Care Society Limited will set out clearly our understanding of the respective legal obligations and may seek legal advice before doing so.  
19. If new issues are raised by the resident during the stage one process, these should be dealt with as part of the process if they are relevant.  However, if the inclusion of the new issues would unreasonably delay a response, relate to a different issue and/or are raised after the stage 1 response has been issued a new complaint will be logged.  
20. In responding to the complaint, we will confirm in writing:  
21. The complaint stage 
22. The complaint definition 
23. The decision on the complaint 
24. The reasons for any decisions made 
25. The details of any remedy offered to put things right 
26. Details of any outstanding actions; and 
27. Details of how to escalate the matter to stage two if the individual is not satisfied with the result. 
28. Stage Two of the Complaints Process 
29. If the resident is not satisfied with all or part of the stage 1 response, they can escalate their complaint to stage 2. This can be done in writing by email, via telephone call or in person. The person dealing with the complaint at stage 2 will not be the same person that responded at stage 1.   
30. The resident does not need to provide reasons for requesting the complaint to be escalated  
31. Abbeyfield Furness Extra Care Society Limited will acknowledge the complaint at stage 2 within 5 working days of receipt and will  
32. summarise Abbeyfield Furness Extra Care Society Limited’s understanding of the complaint (the complaint definition); 
33. summarise Abbeyfield Furness Extra Care Society Limited’s understanding of what the resident is seeking as an outcome; 
34. raise any questions that require clarification from the resident; but acknowledge that reasons do not need to be given for the complaint to be escalated to stage 2; 
35. set out the next course of action and anticipated timescale.   
36. Abbeyfield Furness Extra Care Society Limited will respond in writing to the resident within 20 working days of the stage 2 complaint being acknowledged, informing them of the outcome of the investigation. This will be the landlord’s final response.  
37. If Abbeyfield Furness Extra Care Society Limited believes that the appeal will take longer than 20 working days, this will be explained to the resident with a clear timeframe set out for the resolution of the complaint which will not exceed a further 20 working days. If any further extensions are required, we will agree with resident regular intervals to update them on the progress of the complaint. Such explanation will also include the contact details of the Housing Ombudsman.   
38. A complaint response will 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 will be tracked and actioned promptly with appropriate updates provided to the resident. 
39. In responding to the stage 2 complaint, we will confirm in writing:  
40. The complaint stage 
41. The complaint definition 
42. The decision on the complaint 
43. The reasons for any decisions made 
44. The details of any remedy offered to put things right 
45. Details of any outstanding actions; and 
46. Details of how to escalate the matter to the Housing Ombudsman will be provided if the resident is not satisfied with the response.   
47. Putting things right where something has gone wrong 
48. Where something has gone wrong Abbeyfield Furness Extra Care Society Limited will acknowledge this and set out the actions it has already taken, or intends to take, to put things right. These can include:   

• Apologising;  

• Acknowledging where things have gone wrong;  

• Providing an explanation, assistance or reasons;  

• Taking action if there has been delay;  

• Reconsidering or changing a decision;  

• Amending a record or adding a correction or addendum;  

• Providing a financial remedy;  

• Changing policies, procedures, or practices. 

1. Any remedy offered must reflect the impact on the resident as a result of any fault identified. 
2. 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. 
3. Abbeyfield Furness Extra Care Society Limited will take account of the guidance issued by the Housing Ombudsman when deciding on appropriate remedies.  

10 Scrutiny & oversight 

10.1 Abbeyfield Furness Extra Care Society Limited has a senior lead person who is accountable for our complaint handling. This person will assess any themes or trends to identify potential systemic issues, serious risks, or policies and procedures that require revision.   

10.2 A member of the board of trustee’s has been appointed to have lead responsibility for complaints to support a positive complaint handling culture. This person is known as the Member Responsible for Complaints (MRC)  

11 Annual Review 

1. This policy will be reviewed on an annual basis  
2. Abbeyfield Furness Extra Care Society Limited will carry out an annual self-assessment in accordance with the Code. 
3. The Trustees of the Charity will consider any findings or recommendations of the annual self-assessment and the annual complaints performance and service improvement report.  
4. For the purposes of this policy:  
5. Contact for Stage 1: 

Name:   Elizabeth Johnson 

Telephone number: 01229 468210 

Address:  Staveley House, 80 Greystone Lane, Dalton-in-Furness, Cumbria, LA15 8QQ 

Email address:  bursar@abbeyfield-staveley.co.uk 

1. Contact for Stage 2 

Name:   Lucy Lippett 

Telephone number: 01229 468210 

Address:  Staveley House, 80 Greystone Lane, Dalton-in-Furness, Cumbria, LA15 8QQ  

Email address:  lucy.lippett@abbeyfield-staveley.co.uk 

1. Housing Ombudsman Service 

The contact details for the Housing Ombudsman Service are: 

Telephone:  0300 111 3000 

A webform can be found at:  

Website: www.housing-ombudsman.org.uk  

Address:  Housing Ombudsman Service,  

PO Box 1484, Unit D, Preston, PR2 0ET  

This policy has been approved for issue by: 

Signature: ............................................................................................................ 

Name:  ............................................................................................................ 

Position: ............................................................................................................ 

Date:  ............................................................................................................ 

Abbeyfield Furness Extra Care Society Limited  

Registered society number: IP 26522R 

Complaints