Victoria Almshouses – Policies

The Almshouses operate under the following policies which are reviewed annually by the Governors :

Health & Safety Policy

Introduction

This is a statement of policy by The Victoria Almshouses about its intentions, organisation and arrangements for ensuring the health and safety of its employees, Residents, visitors and contractors whilst on the premises, in the communal areas and Resident’s accommodation.

Supplementary to this general policy statement there are specific policies and procedures describing in detail health and safety provisions and steps to be taken to mitigate risks.

Statement of Intent

It is the policy of The Victoria Almshouses to ensure, as far as reasonably practicable, the health, safety and welfare of its Residents and employees when on the Charity’s premises, and of others who may be affected by the Charity’s undertakings, and to comply with the Health & Safety at work etc. Act 1974 and all other allied relevant legislation as appropriate.

Objectives

  • To set and maintain high standards for health, safety and the protection of the environment at its almshouses.
  • To identify risks and set in place programmes to remove or reduce these risks.
  • To ensure that these standards are communicated to all employees, Residents and visitors.
  • To ensure that all personnel are given the appropriate equipment, necessary information, instruction, training and supervision to enable them to work in a safe manner.
  • To ensure that the appropriate resources are made available to enable the policy to be implemented.

Responsibilities

To ensure the prevention of ill health, the avoidance of accidents and the promotion of safe and healthy properties, the following responsibilities have been established.

Board of Governors

The Governors are responsible for establishing the overall Health & Safety Policy for the Charity and have ultimate responsibility for all health & safety matters.

This involves:

  • The promotion of good practice within health & safety and adherence to all current relevant legislation.
  • The allocation of necessary resources
  • The monitoring of the implementation of health & safety practice.

Nominated Governor

Authorised through the Board of Governors, a nominated Governor has responsibility for implementing and monitoring the policy and will:

  • Keep the Health & Safety policy under review, bringing to the Governors’ attention any faults or areas of weakness in the policy and ensuring that it is revised as and when necessary.
  • Monitor the policy’s implementation, set targets or objectives where appropriate and report progress to the Board of Governors.
  • Ensure the dissemination and discussion of relevant information on health & safety.
  • Report details to the Board of Governors where a significant accident / incident has occurred.
  • Make an annual report to the Board of Governors on the management of health & safety at the Charity.

Individual Responsibilities

All Governors, Residents and employees are required to:

  • Co-operate in implementing the requirements of the health & safety policy, legislation, related codes of practice and safety instructions.
  • Refrain from any actions which may constitute a danger to themselves or others.
  • Bring to the immediate attention of the Nominated Governor (or Chairman of Governors) any situations or practices that are noted that might lead to injuries or ill health.
  • Ensure that any equipment issued to them, or for which they are responsible is correctly used and properly maintained and stored.
  • Be responsible for good housekeeping in the area in which they are active.
  • Report all accidents, incidents, dangerous occurrences and near misses in the site register in accordance with HSE guidance.

Contractors

All contractors working on the Charity’s premises are required to comply with appropriate rules and regulations governing their work activities. Contractors are legally responsible for their own workforce and for ensuring that their work is carried out in a safe manner.

Communication

The policy statement and the name of the Nominated Governor should be prominently displayed on the charities premises for the information of all employees, Residents and visitors.

Consultation and Training

The Board of Governors are committed to involving employees in the maintenance of health & safety standards and to provide them with adequate information, instruction and training.  External health & safety consultants will be used to provide professional health, safety, environmental and occupational advice as required.

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General Data Protection Regulations

Introduction

The General Data Protection Regulations took effect as of 25th May 2018.  Although, as a small not for profit organisation the Charity is not required to do so, The Victoria Almshouses has registered with the Information  Commissioners Office (ICO) and must comply with the General Data Protection Regulations and its predecessor the Data Protection Act 1998. 

This document sets out details of the information held by The Victoria Almshouses, the lawful basis by which we hold personal information and our policies for the use of and security of this data.

As a matter of principle, the Charity does not share personal information with third parties other than to comply with its statutory obligations.

As a small volunteer led Charity access to the personal information that we hold is confined to the Trustees, the Clerk and the Manager all of whom are aware of the need to keep all personal information secure.

The object of the Charity is to provide public benefit by the provision of almshouses for the accommodation of elderly persons having a housing need and an association with the Borough of Reigate & Banstead.

In order to manage the almshouses, the Charity holds information on our Residents, applicants and their next of kin.  It also holds details of the Trustees, employees and certain contractors.

Information held by The Victoria Almshouses

The Charity holds personal information on the following categories of individuals.

Residents

Surname and given names, date of birth, marital status, current and former address, e-mail address, telephone number, date of admission to the almshouses, National Insurance number and contact details of next of kin.

We hold bank account details, the amount of Maintenance Contribution paid and details of any arrears, names of utility providers, doctors and disclosed medical conditions.

Applicants
Applicants are required to complete an application form with supporting references.

The application form includes: their full name, address, telephone number, e-mail address, date of birth, place of birth, marital status, length of time they or their close relatives have lived in the Borough and whether owner or tenant of their existing home..

Details of state and other pensions received and savings. Details of current state of health and any operations they have had in the five years preceding the application and their current doctor.   National Insurance numbers and contact details of first point of contact / next of kin are also held.

Next of Kin / First Point of Contact

Names, address, telephone number, e-mail address and relationship to applicant / Resident.

Format in which Information is held

Information is held both in hard copy format and electronically.

Basis for Holding Information

The reason The Victoria Almshouses holds personal information is that it is necessary for the legitimate interests pursued by the Charity.

CCTV images

The Victoria Almshouses has installed CCTV security cameras to monitor direct access points and potential access points on both sites. This is to  provide Residents and Staff with the security of knowing that should there be any attempt at illegal entry the images from the system can be used for crime detection.  CCTV is also a visible form of deterrent for those who otherwise may seek to gain entry to Resident’s properties without their permission.  Such images will be stored for no longer than 30 days unless required to assist a police investigation. 

CCTV is covered under the provisions of GDPR, and images will only be viewed should there be cause to do so and then only by the Manager and Governors.

Data Retention Policy

The Charity will not keep personal data for longer than is necessary.  Specifically, The Victoria Almshouses have determined that:

  • a Resident’s file will be destroyed after three years of the Resident leaving or having died.
  • records of complaints/investigations concerning Residents will be destroyed six years after the Resident leaves or dies.
  • application forms for unsuccessful applicants will be destroyed once they have been notified.
  • any documents held by a Trustee pertaining to a Resident or applicant will be destroyed in accordance with the above or on them ceasing to become a Trustee.

Access Requests

Applications to inspect information that the Charity holds on individuals should be made in writing addressed to  Mr Jo Silcock, The Clerk, 10 Rushworth Road, Reigate RH2 0QE. The information will be provided within one month of receipt of the written application.

Any requests for correction, amendment, rectification or deletion must be communicated to the Clerk in writing.

If a request for information is deemed by the Governors to be manifestly unfounded or excessive they reserve the right to refuse to comply with the request.  In such circumstances the Governors will set out their reasons for refusal and explain the applicant’s right to complain to the Information Commissioners Office.

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Safeguarding Policy

Introduction

The Governors of the Victoria Almshouses acknowledge that all Residents, staff, volunteers and visitors have the right to a safe and secure environment and respect for their dignity, privacy, independence and individuality.

This safeguarding policy has been developed to protect those who live, work and visit the Victoria Almshouses and to ensure any concerns about physical, sexual or emotional abuse or neglect will be dealt with quickly and effectively.

Any Resident who feels that they are being abused in any manner should immediately contact the Charity through its nominated Governor.  The Charity will, where appropriate, work with other agencies, to resolve matters and will undertake an initial investigation to establish the facts.

The Care Act 2014 places an individual’s well-being at the centre of the care and support system. The Care Act places responsibilities on social housing providers to look out for potential abuse and to work with the local authority’s safeguarding teams to protect and implement safeguarding procedures.

Any allegation of abuse needs to be handled sympathetically and sensitively whilst ensuring that no commitment or agreement is given at the outset.  At this stage it is important to ensure that the complainant is not in direct contact with the alleged abuser and that sensitivity is used when handling the situation.

Definition of Abuse and Harm

  • Abuse is a violation of an individual’s human and civil rights by an act or a failure to act on the part of person or persons
  • Abuse can occur in any relationship, both formal and informal and may result in significant harm to, or exploitation of, the person subjected to it
  • Abuse may consist of a single act or repeated acts
  • Harm: ill-treatment, impairment or avoidable deterioration of physical or mental health

Types of Abuse (as identified by the Care Act but not necessarily exclusive)

  • Physical                                      
  • Financial                                     
  • Restraint                                    
  • Psychological                             
  • Sexual                                        
  • Neglect                                       
  • Organisational   
  • Discriminatory                           
  • Hate crime                                 
  • Mate crime
  • Self-neglect
  • Radicalisation
  • Domestic violence
  • Modern Slaver

Risk Factors associated with Abuse

The following people may be at higher risk – older people, adults with a physical or learning disability, mental health needs, long term health needs, or those who are drug or alcohol dependen

Risk factors may include loneliness, social isolation, difficulty with communication, dependence on carers either physically, psychologically, or financially, emotional vulnerability, unusual behavioural traits, poor quality relationships, pressures and responsibilities, lack of emotional support and social contact, frequent requests for help and the problem not being resolved.

When Safeguarding comes within the responsibility of the Local Authority

The threshold is defined as ‘an adult in need of care and support (whether or not that support is provided by the local authority), who is experiencing or is at risk of abuse and neglect, and as a result of these needs is unable to protect him or herself against abuse or neglect or the risk of it.’
If in doubt contact the Local Authority for guidance: Surrey Safeguarding Adults Board (SSAB)

email: surreysafeguarding.adultsboard@surreycc.gov.uk
or
see : www.surreysab.org.uk/information-for-professionals/ssab-policies-and-procedures

Procedure to be followed if abuse is suspected.

Depending upon the circumstances of the individual case:

  • Ensure the individual is safe
  • If necessary seek medical assistance
  • Find out the wishes of the abused person
  • Ascertain the basic facts (but do not start investigating) including:
    • date, time and place of alleged abuse
    • name of complainant
    • where different, name of person who has allegedly been abused
    • nature of alleged abuse
    • description of any injuries observed
    • account of the incident which has been given
  • Inform the Governors/Manager immediately
  • Write a report recording any observation (photographs are acceptable with person’s permission) and details of accounts given (in the person’s own words if possible)
  • If a complainant requests that the information is kept secret, it is important that they are sensitively advised that cases of alleged abuse will be referred to the appropriate agencies.

The designated person will gather information and arrange a meeting between the Manager, designated person and chairman of Governors, to gather the facts. A full record of the meeting will be made.

This meeting is to establish facts and decide given the nature of the report, if the individual and the incident fall within the Care Act section 42 criteria for referral to the safeguarding team or if another course of action is more appropriate. The SSAB may be contacted for advice. If the police or other emergency services have been called, the incident must be reported to the Local Authority.

If a referral is made to the safeguarding team, any further action should be guided by them. Any serious incidents of this nature which are reported to the Local Authority must also be notified to the Charity Commission.

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Policy on Missing Persons

The Governors of the Victoria Almshouses acknowledge that Residents may come to suffer from dementia and/or forgetfulness which is not considered serious enough to substantially impact the Residents ability to live independently.  

It is, under the terms of residency agreement, unlikely that Residents with severe dementia would remain as Almshouse Residents. There may however be situations that arise whereby the Resident leaves the site and is unable to return to the safety of the Almshouse site.

In this situation it is suggested that we should be aware of the procedures under the Herbert Protocol which comprises a detailed personal information form that carers, family or friends of a vulnerable person, or the person themselves can complete and be held in readiness.  Should a situation arise where a person goes missing then the information contained therein can be quickly used to assist the police or others in locating and/or identifying the person.

The Herbert Protocol form is highly detailed and is not felt to be appropriate for the circumstances of Residents who are living alone and independently.   The Charity whilst providing a caring community for Residents does not provide care for Residents and the responsibility for this falls on the family or next of kin of the Resident.

Should a Resident begin to show signs of dementia however a discussion should be held with the Resident’s family or next of kin and the Resident to plan for future action.  The Resident should be encouraged by the family to carry a small card or note in their pocket, wallet or purse with their name and a contact telephone no. 

A copy of the Herbert Protocol form and guidance on its completion is held by the Welfare Committee should a Resident or their family wish to complete it for their own use.

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Equality and Diversity Policy

Statement of Policy

The trustees of The Victoria Almshouses (the Charity) are committed to promoting equality and diversity within the Charity’s policies, practices and procedures.

The Charity and its trustees will treat all individuals equally regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (Protected Characteristics).

The trustees of the Charity recognise their responsibilities under the Equality Act 2010. This applies to all aspects of the Charity’s work and is promoted through the following values:

  • Openness by encouraging and supporting new ideas that will improve the service that we provide.
  • Showing respect towards each other and those we interact with.
  • Honesty by working in an ethical way.
  • Caring with dignity and respect for the individual.
  • Supporting individuals to develop equality and diversity awareness and understanding.

Discrimination

The trustees will not accept discrimination or harassment by or against those who work with, are supported by, volunteer for or interact with the Charity in its activities.

The Charity is restricted under its governing documents to only provide almshouse accommodation for elderly Residents who have a close association with the Borough of Reigate & Banstead through the length of time that they or a close family member have lived in the Borough of Reigate and Banstead. Residents will normally be retired and be able to lead an independent life but have a housing need and inadequate financial resources to house themselves. Subject only to this restriction, the trustees do not discriminate or treat individuals less favourably because of any Protected Characteristics.

The Charity does not discriminate on the grounds of disability and will, where possible, take all reasonable measures to accommodate the needs of Residents, staff and volunteers with disabilities, subject to the limitations of the accommodation available and the resources of the Charity.

The appointment of Residents to the almshouse accommodation and the recruitment of employees will always be conducted on the basis of merit, against objective criteria that avoid discrimination.

This policy relates to all Residents, trustees, staff, volunteers and visitors. Every person who interacts with the Charity should feel equally welcome.

Implementation of the policy

The trustees of the Charity are ultimately responsible for ensuring that the policy is implemented.
The Charity has designated the Complaints Officer as the Governor who takes lead responsibility for equality and diversity.

Breaches of the policy

The trustees of the Charity will not tolerate discrimination or harassment of any kind. Complaints of discrimination or harassment will be taken seriously and investigated.
Any individual(s) who feel that they have suffered or witnessed any form of discrimination should follow the Charity’s complaints procedure as set out below in the Complaints Policy.

Related policies and procedures

This policy does not work in isolation and should be read in conjunction with:

  • Residents’ individual Letters of Appointment
  • Safeguarding Policy
  • Resident Handbook
  • Staff Recruitment
  • Trustee Recruitment
  • Complaints Policy

Equality Act 2010 – Definitions

The Equality Act 2010 includes an exception for charities. This allows charities under certain circumstances to restrict benefits to people with a particular Protected Characteristic (but not a group defined by colour) if the restriction already appears in the charity’s governing document.

Age: An age group includes people of the same age and people of a particular range of ages. Where people fall in the same age group they share the protected characteristic of age.

Disability: A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Gender reassignment: A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.
Marriage and civil partnership: A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

Pregnancy and maternity: Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race including colour, nationality, ethnic or national origin: A race can mean a person’s colour, or nationality (including your citizenship). It can also mean a person’s ethnic or national origins, which may not be the same as their current nationality.

Religion or belief: Religion means any religion and a reference to religion includes a reference to a lack of religion. A religion must have a clear structure and belief system. Denominations or sects within a religion can be considered to be a religion or belief, such as Protestants and Catholics within Christianity.

Sexual Orientation: A person has the protected characteristics if they are heterosexual, gay, lesbian or bisexual or if they are perceived to have a particular sexual orientation or a person is connected to someone who has a particular sexual orientation.

Sex: People having the protected characteristic of sex being a man or a woman, and that men share this characteristic with other men, and women with other women.

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Anti-Social Behaviour

As defined by Section 2, Anti-social Behaviour, Crime and Policing Act 2014 Anti-social behaviour is:

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,

(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of Residential premises, or

(c) conduct capable of causing housing-related nuisance or annoyance to any person.

The trustees of The Victoria Almshouses take anti-social behaviour extremely seriously. Anti-social behaviour covers any kind of nuisance, unreasonable behaviour or harassment. See appendix for definitions.

The trustees of The Victoria Almshouses will not tolerate anti-social behaviour that affects the quality of life of a Resident or the management of the charity for the benefit of all its Residents.

The Victoria Almshouses will respond to anti-social behaviour quickly and effectively and will try where possible to resolve such situations at the earliest opportunity. The Victoria Almshouses will aim to deal with anti-social behaviour in a consistent, sensitive and objective manner.

Residents are encouraged to report to the trustees any behaviour considered by them to be anti-social by any person. The trustees will investigate such reports (in confidence when this is appropriate).

The Residents of The Victoria Almshouses are required, as per their Letter of Appointment, to occupy the property quietly and with thought for other Residents and/or neighbours. Visitors should be made aware of this condition of occupancy.

If a Resident wishes to report anti-social behaviour they should contact the Complaints Officer

Upon receiving a report of anti-social behaviour, trustees will decide whether appropriate to:

  • Resolve the matter within the charity
  • Refer the matter for external mediation*
  • Seek a civil injunction or a Community Protection Notice (CPN).

If trustees conclude anti-social behaviour has been committed by a Resident they will consider setting aside the appointment in accordance with the Resident’s Letter of Appointment.

* Should mediation be appropriate, the trustees may wish to refer the matter to an independent, external mediation service.  This will enable an impartial person to view the matter from an unbiased perspective in order to help find a resolution to the problem.

If the matter cannot be resolved by mediation the trustees will not hesitate to act on behalf of a Resident affected by anti-social behaviour. If this is caused by another Resident in contravention of the Letter of Appointment, the charity will follow its internal procedures. After a due process of verbal and written warnings the Resident’s appointment to the almshouse may be set aside.

The trustees may also use powers granted by the Crime and Policing Act 2014 and seek an injunction (IPNA) or a Community Protection Notice (CPN). The trustees may also use these powers in the case of anti-social behaviour by visitors or neighbours.

If necessary, refer the matter to other agencies to resolve the problem, e.g., criminal proceedings by the police.

Definitions

Please note that below are not exhaustive and should be used as examples.

Harassment

Any behaviour that intimidates, dominates or harms an individual or a family or group of individuals.  The actions can be either physical or verbal.  Harassment differs from nuisance and ASB in that it is targeted against particular individuals, households or group of people.  For example:

  • Abusive or insulting behaviour – written or verbal
  • Violence and threats of violence
  • Vandalism
  • Repeated or unfounded complaints against another tenant, family or group
  • Abusive telephone calls. – Uninvited visits to someone’s home
  • Placing rubbish, excrement or offensive materials near or in a victim’s home.

Hate incident/crime

Any kind of behaviour that causes fear, alarm or distress where the victim or any other person feels that they have been targeted because of their racial heritage, religion or beliefs, disability, gender identity or sexual orientation.  If a criminal offence has been committed a hate incident becomes a hate crime.

Nuisance

Is more likely (but not always) to affect more than one individual or household.  Nuisance also covers behaviour that unreasonably interferes with other people’s rights to the use and enjoyment of their home and community.  For example:

  • Noise nuisance including parties
  • Intimidating behaviour from groups of people
  • Car repairs and abandoned vehicles
  • Drug and alcohol related incidents
  • Rubbish dumping
  • Using premises for commercial gain or outworking
  • Graffiti, vandalism and damage to communal areas
  • Nuisance caused by pets and other animals

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Complaints Procedure

Introduction

Whilst the Governors do their utmost to deal with issues as they arise we accept that on occasion things do not always go as we would wish. In such circumstances we will seek to resolve problems as quickly as reasonably possible. This Complaints Procedure sets out how we will seek to resolve those occasions when things go wrong.

This policy applies to the trustees of The Victoria Almshouses (the Charity) and seeks to ensure that the Charity’s complaints process is flexible and responsive to the needs of individual complainants.

The Charity 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.

In dealing with complaints the Charity will ensure that:

  • individuals who complain are listened to and treated with courtesy and empathy;
  • Residents will never be disadvantaged as a result of making a complaint;
  • complaints will be investigated promptly, thoroughly, honestly and openly; and
  • in dealing with complaints the Charity will comply with confidentiality and data protection policies.

The Complaints Officer and the Appeals Officer are nominated Governors.

A Complaint is defined as: an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the Charity, its trustees, its own staff, or those acting on its behalf, affecting an individual Resident or group of Residents. The word “complaint” does not need to be used expressly for the matter to be considered a complaint.

A request from a Resident to act to put something right (e.g., to carry out routine maintenance etc.) is considered to be a service request and not a complaint. 

Service requests should be dealt with in accordance with the procedures defined by the Charity.  Failure to deal appropriately with a service request may lead to the matter being dealt with as a complaint.

Complaints made by Residents may be made by the Resident’s carer, family members or a representative of a Resident. 

Complaints made by individuals affected by the Charity, who are not Residents, must be made by the individual themselves or a legal representative.

Exclusions

The Charity will not be able to deal with an issue through the complaints process if:

  • a complaint relates to a legal matter that is already being dealt with by a solicitor or where legal proceedings have been issued;
  • the complainant is anonymous, unless there is sufficient documentary evidence to substantiate the complaint;
  • the issue giving rise to the complaint occurred over six months ago, unless relating to safeguarding or health and safety issues; or
  • the matter has already been considered under the complaints policy and a decision issued.

If a complaint is not accepted a detailed explanation will be provided to the Complainant setting out the reasons why the matter is not suitable for the complaints process and their right to take that decision to the Housing Ombudsman. The Ombudsman may direct the Charity to take on the complaint, in which case this policy will apply.

Accessibility

Complaints will be dealt with in a manner that is consistent with the Charity’s Equality & Diversity Policy.

If any individual making a complaint wishes the Charity to make reasonable adjustments to accommodate an individual’s particular needs they, or their representative, should contact the nominated Governor to discuss what adjustments may be possible.

Dealing with minor complaints

Where appropriate individuals should consider raising minor complaints informally in the first instance with the Manager or the Complaints Officer, either in person, by phone or by email, as this can lead to better understanding and very often to a quick resolution of the issue.  At the present time there is no provision for complaints to be made through the Charity’s website.

The Complaints Officer will keep a record of minor complaints that are dealt with in this manner.

Stage One of the Complaints Process

a) Complaints should be made either in writing or by email to the Complaints Officer.

b) The initial complaint should include sufficient detail, and where appropriate supporting documentation, to enable the Charity to investigate the matter.

c) The Complaints Officer will acknowledge the complaint and make a record, within 5 days.
The acknowledgement will:

  • summarise the Charity’s understanding of the complaint;
  • summarise the Charity’s understanding of what the Complainant is seeking as an outcome;
  • raise any questions that require clarification from the Complainant; and
  • set out the next course of action and anticipated timescale. 

d) In most cases the Charity will aim to resolve complaints within 10 working days from the receipt of the complaint.  In exceptional cases, if the Complaints Officer anticipates that the particular complaint will take longer to resolve, this should be explained and a clear timeframe set out for the resolution of the complaint which should not exceed a further 10 working days, without good reason.

e) If the Complaints Officer believes that the complaint will take longer than 20 working days to resolve then the Complaints Officer will seek to agree the timeframe with the Complainant.  If no agreement can be reached with the Complainant, the Complainant should be advised to raise the matter with the Housing Ombudsman.

f) The Complaints Officer will investigate the complaint in an impartial manner permitting all relevant parties to provide information.   The Complainant and any third parties involved in the complaint should be given the opportunity to set out their position before any final decision is made.  The Complaints Officer may delegate the management and investigation of the complaint to another individual.

g) If the Complaints Officer is conflicted, or the complaint relates to the Complaints Officer, the complaint should be directed to the Chairman of Trustees whose details are in the Residents’ Handbook.

h) The Complaints Officer will:

  • deal will all complaints on their merits;
  • act independently and have an open mind but may consider reports of previous complaints that relate to the same issue being complained about;
  • take appropriate measures to address any actual or perceived conflict of interest (which may include asking another trustee to investigate the complaint);
  • consider all information and evidence carefully; and
  • keep the details of the complaint confidential as far as possible, with information only being disclosed if necessary to properly investigate the matter.

i) If the complaint involves questions relating to the Charity or the Complainant’s legal obligations, the Complaints Officer will set out clearly their understanding of the respective legal obligations and may seek legal advice before doing so.

j) The Complaints Officer will provide the Complainant with a response to the complaint at the earliest opportunity, which will be copied to all of the trustees. 

k) If the Complaints Officer identifies that further actions are required to address the complaint these may be carried out after the response has been given and should not delay the Complainant receiving a response to the complaint.

l) In responding to the complaint, the Complaints Officer will:

  • address all issues that have been raised, provide clear reasons for any decisions and, where appropriate, refer to relevant policy, law and good practice;
  • give a clear decision; and
  • if appropriate, set out any steps that will be taken to remedy the issue.

m) If new issues are raised by the Complainant during the stage one process, these should be dealt with as part of the process if they are relevant.  However, if the issues relate to a different issue and/or are raised after the response has already been issued, the issues will be dealt with as a separate complaint.


Stage Two of the Complaints Process

a) If the Complainant is not satisfied with the response from the Complaints Officer they have 5 working days to submit an appeal in writing or by email to the Appeals Officer.

b) The Appeals Officer will acknowledge the appeal within 5 working days of the receipt of the appeal. The acknowledgment may include any requests for clarification that relate to the appeal.

c) The Appeals Officer will arrange a meeting with the Complainant to be held within 10 working days of the appeal being submitted. The Appeals Officer will be assisted by two trustees at the meeting (the Appeals Panel).

d) The Appeals Officer will respond in writing to the complainant within 20 working days of the appeal being submitted, informing them of the outcome of the appeal process and the decision of the Appeals Panel.

e) If the Appeals Officer believes that the appeal will take longer than 20 working days to resolve then this should be agreed with the Complainant. If no agreement can be reached with the Complainant, the Complainant should be advised to raise the matter with the Housing Ombudsman.

f) In responding to the appeal, the Appeals Officer will:

  • address all issues that have been raised, provide clear reasons for any decisions and, where appropriate, refer to relevant policy, law and good practice;
  • set out the clear decision of the Appeals Panel; and
  • if appropriate, set out any steps that will be taken to remedy the issue.

g) If the complainant is not satisfied with the response to the appeal then the Complainant should progress the matter through the Housing Ombudsman Service.

Timeliness

The Governors will seek to deal with all complaints in a timely manner and within the following timescale:

  • Logging and acknowledgement of complaint – within five working days.
  • Decision on action proposed to resolve the complaint – within ten working days of the complaint.
  • In the case of an appeal to the Chairman or Vice Chairman – within 20 working days of the request to appeal.

There may be occasions when the above timescales cannot be met. In these cases, an explanation of the reasons for any delay will be given. In any event the delay will be limited to ten working days.

Circumstances in which a complaint may be closed

a) If a complaint is pursued unreasonably or where a Complainant’s actions or behaviours are deemed to be unreasonable, the Charity reserves the right to close the complaint.

b) If a Complainant displays threatening or abusive behaviour or language (whether verbal or written), that causes staff or trustees to feel threatened, abused and/or continues to contact the Charity with unreasonable demands during/following a complaint investigation a complaint may be closed and, if the Complainant is a Resident, this may be grounds for their appointment to be set aside.

c) In cases where the trustees decide to bring the complaint to an end in accordance with this section of the policy, they will inform the Complainant of their reasons.

Housing Ombudsman Service

The contact details for the Housing Ombudsman Service are:

Telephone: 0300 111 3000 (Mon-Fri 09:00 – 17:00 except Thu 15:30-17:00)

Email: info@housing-ombudsman.org.uk
Website: www.housing-ombudsman.org.uk

Address:
Housing Ombudsman Service,
PO Box 1484
Unit D
Preston
PR2 0ET

Annual Review
a) This policy will be reviewed on an annual basis.

b) The Charity will carry out an annual self-assessment in accordance with the requirements of the Housing Ombudsman Service Code.

Continuous Learning and Improvement

The Governors will review all complaints at their Quarterly Board Meetings noting the grounds for the complaint, what went wrong, the remedy, any outstanding issues and any changes to services proposed.

The Governors will include a comment on their learning and improvement from complaints in their Annual Report.

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Service Requests

A Service request from a Resident to act to put something right (e.g., to carry out routine maintenance etc.) is considered to be a service request and not a complaint. Failure to deal appropriately with a service request may lead to the matter being dealt with as a complaint.

Emergencies which require immediate action should be reported to the Manager, The Mole Valley response team or a Governor without delay – the most obvious example of such an emergency is a water leak which cannot be stopped and may result in major damage if not rectified. The Almshouses has an emergency arrangement with its plumbing contractor to respond in such circumstances.

If there is a problem or issue relating to your residence about which you feel the Charity should take action e.g., a leak, damp, draughts, mould, faulty heating system, cooker etc then these should be reported as a service request.

Service requests should be reported (verbally, by email, text or in writing) to the Manager or to a Governor who will ensure that the request is logged and dated.. Please give as much detail as possible to allow an assessment to be made as to how the issue should be addressed. Once the request is registered an examination of the situation will be made by the Manager and/or a Governor and an action plan formulated. If it is felt that this service request should be rectified then, it will be assigned to a contractor and a date for implementation agreed and notified to the Resident. Some requests may be rejected in which case an explanation will be provided.

If the Service request has not been responded to satisfactorily (either by resolution, a date for action provided or a reason why it is not deemed to be appropriate request) within ten days than the Resident is entitled to raise a complaint under the complaints procedure.

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Updated : October 2024