Housing Association Tenants: Complaints Mechanisms

Felicity Buchan Excerpts

Monday 23rd January 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Felicity Buchan)]

It is a privilege to serve under you, Mr Deputy Speaker. This is an incredibly important issue: social housing is certainly very important for me. I have a lot of housing associations in my constituency of Kensington, and of course I also have Grenfell Tower in my constituency, so I want to work very collaboratively with the hon. Member for Warwick and Leamington (Matt Western), whom I congratulate on securing the debate. I also thank the other Members who have stayed late for the Adjournment.

I want to work collaboratively, because there is no question that we want all tenants to be living in safe and decent homes, and to be treated with dignity and fairness. I am grateful for the chance to talk about what we are doing to support the many thousands of housing association tenants in this country. The fire at Grenfell highlighted major failures, and in the aftermath of that fire we empowered tenants, helping them to make their voices heard. However, the tragic death last year of Awaab Ishak as a consequence of the untreated mould in his home showed that we needed to go further and faster to make sure that residents in social rented housing are safe in their homes, and know where to go to complain when they do not get the answers that they need from their landlord.

I shall go through what we are doing. The Social Housing (Regulation) Bill is clearly important. We introduced this landmark legislation to drive up standards and reform the regulation of social housing through tougher consumer powers, greater enforcement tools to tackle failing landlords, and new responsibilities for social landlords. The Bill will give powers to the regulator so that it can issue unlimited fines to failing landlords, enter properties with only 48 hours’ notice, and make emergency repairs where there is a serious risk to tenants. The Bill includes improvements to the housing ombudsman service, helping residents to know and exercise their rights. It will ensure that the ombudsman has the legal power to issue a code of practice on complaint handling, and that it will consult on that code, then monitor the compliance of member landlords with the code. The Bill also strengthens the ombudsman’s power to issue orders to landlords to review their policy in relation to a complaint.

A good complaints system starts with the response of landlords. Any resident who is not satisfied with the services of their landlord should, in the first instance, raise a complaint with them. All landlords have a responsibility to deliver a quality service to their residents. They are obliged to have complaints processes that are easy to use, fair, and designed to put things right. If, after the landlord’s complaints process has been completed, the complaint has not been resolved or the tenant is not satisfied with the response, that resident can escalate their complaint to the housing ombudsman, which will investigate and make a determination. The housing ombudsman may issue orders or make recommendations, and publish to say that the landlord has not complied with its determination if it considers it appropriate to do so.

[Sir Iain Duncan Smith]

That sounds good, but the truth is that it does not happen. Instead, landlords are relentless in putting up service charges without much explanation, while tenants are concerned because their windows do not fit, or, if there is a unitary boiler, it does not work properly, or they have mould in their rooms. It takes forever to get that done, but if they miss their service charge date, the landlord is on to them like a shot. This needs to be connected somehow so that landlords do not impose service charges if service does not happen.

[Felicity Buchan]

There is no question but that enforcement is very important when it comes to housing. The purpose of the Bill is to tie things together. What we want to see is practical change on the ground, and I am happy to talk to my right hon. Friend about his suggestions. We need to ensure that we not only talk a good game but get the right delivery.

[Matt Western]

I echo the point made by the  right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). How does the Minister envisage this will work on the ground? What role will local authorities and fire and rescue services have in establishing that these properties are safe and fit?

[Felicity Buchan]

We are beefing up the powers of the ombudsman and the regulator. We will have very close interaction between the ombudsman and the regulator, and we are encouraging an environment in which unacceptable behaviour towards tenants will not be tolerated. We are about to embark upon a large marketing campaign—we have already run awareness campaigns—so that tenants are aware of their rights and of where to go.

The housing ombudsman’s complaint handling code was introduced in July 2020 to enable landlords quickly to resolve complaints raised by their residents, and to apply the learnings from those complaints to help to deliver improvements. Any failure to act on a complaint handling failure order could result in the ombudsman taking further action, such as a referral to the landlord’s governing body, or the regulator of social housing ordering the landlord to publish details of its failure to comply and/or publishing a special report on the landlord’s non-compliance.

The housing ombudsman scheme was revised in September 2020 to enable further investigation of systemic issues for the first time. The ombudsman is now able to look beyond individual disputes to the wider and deeper issues responsible for generating complaints so that we can, in turn, seek to address these issues. It is vital that the ombudsman is as efficient as possible, and it has delivered better service for social housing residents year on year, even though the number of complaints has been rising, partly because of our information and awareness campaigns.

[Jim Shannon]

On the process for making the complaint and the referral to the ombudsman for her or his determination, what is the timescale? Many people may want things to be done quickly. Is it possible to have a timescale?

[Felicity Buchan]

I could not agree more. We would like as many cases as possible to be resolved between the resident and the landlord, but I have the numbers. The ombudsman’s average handling time in 2020-21 had gone down to 5.2 months. Obviously, we want resolution with the landlord, but the ombudsman can be called and can give advice all the way through the process. One does not have to wait until the ombudsman’s ultimate determination.

We have also simplified things when it comes to accessing the ombudsman. From 1 October 2022, social housing residents with unresolved complaints have been able to access the housing ombudsman directly without having to go through a designated person, such as a Member of Parliament.

I am conscious that we do not have much time, but I want to talk about a few particular things. First, in March 2022, we set out a new policy of naming and shaming substandard social landlords, with the Government exposing those landlords that have either been found guilty by the ombudsman of severe maladministration or have been adjudged to have breached consumer standards. To date, 18 landlords have been named in this way.

In the case of Rochdale Boroughwide Housing, which was responsible for the home in which Awaab Ishak lived, the Government have clearly gone further and withheld funding allocated under the affordable homes programme until the landlord can prove its housing is fit for purpose.

On Awaab’s law, we are considering how to make further changes to regulation. The Government strongly back the spirit of the proposals in Awaab’s law, for which Awaab Ishak’s family, the Manchester Evening News and Shelter are petitioning. It aims to make sure that landlords respond to complaints about damp and mould quickly and with proper regard to the risk to health. We are working through the specific recommendations to consider how changes could be made as soon as possible.

The hon. Member for Warwick and Leamington touched on professionalisation. We are improving the way that landlords treat their residents. The professionalisation review, which launched in January 2022, will drive up standards by ensuring that social housing staff are better equipped to support residents, deal effectively with complaints, and make sure that homes are of good quality.

Awareness campaigns are important. Social housing tenants need to know what tools are available to them so that they can make complaints and, most importantly, have their properties remediated. We are now planning another targeted £1 million campaign that will include a media campaign, as well as upskilling third parties who interact with tenants. That will help to ensure that everyone living in the social housing sector knows their rights, knows how to sound the alarm when their landlord is failing to make the grade, and knows how to seek redress without delay.

Taken together, we are putting in place a robust and effective regime where complaints are treated with seriousness and tenants feel empowered to act. Given the stories that we have heard this evening, however, it is clear that we have further to go. The Government recognise that, which is why we are introducing the Social Housing (Regulation) Bill and are determined to get it right.

The changes that we have made are beginning to have an impact, and each step moves us closer to the situation where social housing residents are living in the homes that they deserve to live in. Let us be in no doubt that the Government are committed to improving the situation of tenants. As I have said, everyone deserves a decent and safe home, and to be treated with dignity and respect.

Question put and agreed to.