Agenda item

This report sets out changes for handling complaints relating to council landlord services, introduced by the Localism Act 2011.

From April 2013 the Housing Ombudsman will investigate complaints, rather than the Local Government Ombudsman, once they have exhausted the Council's internal complaints process. In addition the Act requires complaints to pass through a 'democratic filter' 

Discussion:

The Head of Housing Management introduced the report, which sets out a new role for Councillors. A tenant who has exhausted the Council’s internal complaints procedure can ask a ‘designated person’ to refer the complaint to the Housing Ombudsmen. All Councillors are ‘designated persons’ under the Localism Act 2011.

The recommended option proposed a ‘designated person panel’ and would comprise Members selected cross party, a tenant representative and an independent person.

The Committee asked how the new system would work if option 2 were to be adopted. Officers advised that once a complaint about housing landlord services has been through stages 1 and 2 of the Council’s Corporate Complaints Procedure the Localism Act stipulates that complaints may only then be referred to the housing ombudsman if a “designated person” agrees to make the referral, refuses to review the complaint or the complainant may refer the complaint directly eight weeks after the internal complaints process has been exhausted. The definition of a  “designated person” is an MP, a member of Medway Council or a Designated Tenant Panel. The Committee was advised that there were limited circumstances under the Act where the housing ombudsman would accept referrals directly from complainants; where eight weeks has elapsed from the day on which stage 2 of the complaints procedure has been exhausted or where a designated person has refused to make a referral or has agreed to a direct approach to the Ombudsman.

The Committee was advised that whilst complainants will be notified they are able to approach any of the “designated persons” it was being recommended that in addition they be offered the alternative of discussing their complaint and the option of referral to the Ombudsman with a Panel of Members who will be supported (in an advisory capacity) by an Independent Person and a tenant representative.

The Committee discussed whether the establishment of a Designated Person Panel as recommended in paragraph 3.3 of the report (option 2) would add an additional and unnecessary layer of bureaucracy to the complaints procedures. Reference was made to the small number of housing landlord complaints typically reaching stage 2 of the complaints procedure, the work that will continue at ward level by Councillors to resolve complaints and the possible difficulty in convening a meeting of the Designated Person Panel before the expiry of eight weeks.

The view was expressed there may be some merit in offering the option of a Designated Person Panel particularly for complainants who feel their ward member has been unable to resolve their concerns.

Decision:

The Committee agreed to recommend the Cabinet to adopt option 2 set out in paragraph 3.3 of the report. It was recommended that the Designated Person Panel should comprise 5 Councillors (3 Conservative members, 1 Labour member and 1 Liberal Democrat member nominated by Group Whips); that the advisory independent person should be from Gravesham Council (or another neighbouring Council) on the basis of a reciprocal arrangement with Medway and the advisory tenant representative should be nominated by the Tenant and Leaseholder Scrutiny Panel.