Complaints and the advocacy role

Scrutiny.net14th May 2012

Yvonne Davies

Scrutiny and Empowerment Partners

Localism Act 2011 180 (1) - Amends Schedule Two, Housing Act 1996

Designated Tenant Panels

7C(1) In paragraph 7A(3)(c) “designated tenant panel” means a group of tenants which is recognised by a social landlord for the purpose of referring complaints against the social landlord.

(2) There may be more than one designated tenant panel for a social landlord.

(3) Where a social landlord becomes a member of an approved scheme, the social landlord must give to the person administering the scheme

contact details for any designated tenant panel for the social landlord.

(4) Where a group becomes a designated tenant panel for a social landlord, the social landlord must, as respects each approved scheme of which the social landlord is a member, give to the person administering the scheme contact details for the panel.

(5) Where a group ceases to be a designated tenant panel for a social landlord, the social landlord must inform the person administering each approved scheme of which the social landlord is a member.

(6) A complaint referred to a housing ombudsman under an approved scheme by a designated tenant panel for a social landlord is not affected by the group concerned ceasing to be a designated tenant panel for the social landlord.

You have options There is no obligation on the landlord to set up a Designated

Panel, unlike the (regulatory) obligation to set up a Scrutiny Panel.

Councillors and MPs can fulfil the role together with or instead of a Panel. They are a given.

It is a specialist Panel for complaints. Complainants must be reassured that it is an independent and fair step, not just a stage in the landlord’s procedure.

What follows are some options from Rafael

LANDLORD’sINTERNAL

COMPLAINTS PROCEDURE

Does the complainant need advocacy support?

Can you help to bring about an amicable solution?

Review? Does it pinpoint shortcomings in the ICP?

Have the lessons been learnt? Scrutiny Panel?

Referral to the Housing Ombudsman?

DESIGNATED TENANTS

PANEL

How may the Panel consider a complaint?

EARLY INVOLVEMENT?

RING-FENCED FROM REVIEW/SCRUTINY FUNCTION?

Does the complainant need advocacy support?

How may the Panel consider a complaint?

Can the Panel remain impartial if it becomes involved in advocating the complainant’s case? Ring-fencing function?

Can the matter be referred to a local advocacy agency (CAB, Law Centre, Rights Group, etc.)?

Does the Panel member/s involved have the right skills for this type of specialist work?

Will clear expectations be agreed with the complainant at the outset, with reasonable outcomes and timeframe?

Can you help to bring about an amicable solution?

How may the Panel consider a complaint?

Will your role include negotiating between the parties in dispute? Will you do that as a mediator or conciliator? What powers will you have? And what skills are required?

Given that your decisions will not be binding on the parties, can there be a different way to ensure that the efforts are not wasted? A general agreement or a case-by-case one?

What if a disagreement develops between the Panel and the complainant – or, indeed, the landlord? What mechanism can be deployed to resolve it?

What quality controls can you bring about in order to ensure that your decisions are fair, consistent, and lasting? What about the administrative audit trail?

No rush but we can build capacity now

• Helping tenants to understand the changes now• 2 stages? – complaint and review• Complaints panel – involvement of tenants now at

later stages will build capacity• Training tenants as mediators and advocates• Collective training for a cross organisation or

authority panel?

Thanks

www.tenantadvisor.net – 30th March Scrutiny and panel reports

yvonne@tenantadvisor.netTel: 07867 974659