The Housing Ombudsman's Complaint Handling Code sets out how social landlords must handle complaints. It has been statutory since 1 April 2024, under the Social Housing (Regulation) Act 2023, and it applies to every landlord that is a member of the Housing Ombudsman Scheme, whatever its size. A housing association with 20 homes follows the same Code as one with 50,000.
What the Code asks for
- A definition of a complaint. You must use the Code's definition and treat any expression of dissatisfaction as a possible complaint, even if the resident doesn't use the word.
- Accepting complaints. You can only refuse to accept a complaint for a good reason, such as the issue being more than 12 months old, and you must explain this in writing and tell the resident they can go to the Ombudsman.
- Easy ways to complain. Residents must be able to complain in different ways, with reasonable adjustments where needed, and your policy must be published on your website.
- A complaints officer. A person or team who handles complaints, deals with the Ombudsman and reports to your governing body.
- Two stages, with fixed timescales. No informal "stage 0" and no third stage.
- Putting things right. When something has gone wrong, you must say so and set out what you'll do about it.
- A yearly self-assessment and report, published with your governing body's response and sent to the Ombudsman.
- A senior lead and a Member Responsible for Complaints on your governing body.
The timescales
At stage 1 you must acknowledge, define and log a complaint within 5 working days, and respond within 10 working days of acknowledging it. At stage 2 you must acknowledge within 5 working days of the request, and give your final response within 20 working days of acknowledging it. Extensions are allowed, with limits. Our guide to the Complaint Handling Code timescales explains them in detail.
What's different for small landlords
The Code itself is the same. The main difference is the deadline for your annual submission to the Ombudsman: landlords with fewer than 1,000 homes submit 6 months after their financial year-end, rather than by 30 September. See when small landlords must make their submission.
Where to start
- Adopt a complaints policy that follows the Code, and publish it.
- Name your complaints officer, senior lead and Member Responsible for Complaints.
- Set up a complaints log that tracks the timescales.
- Diary your annual self-assessment, report and submission.
Questions
Does the Complaint Handling Code apply to almshouses?
If the almshouse charity is a member of the Housing Ombudsman Scheme, yes. The Code applies to every member landlord, whatever its size.
Can we have an informal stage before stage 1, or a third stage?
No. The Code allows two stages only, with no informal stage 0 and no stage 3.
What if we don't have a website?
Your complaints policy should be published on your website. The Ombudsman's guidance says a landlord without a website must record that provision as not met, and make its documents available in another suitable way.
Sources
This guide is general information, not legal advice.