What you may have missed from our virtual event with the Ombudsman

From "invisible landlords" to making the updated Complaint Handling Code “more consequential”, here are five main points from our recent webinar with the Housing Ombudsman.

The Social Housing (Regulation) Act passed into law this summer, setting into motion a revised Complaint Handling Code that seeks to make full use of the Housing Ombudsman’s new powers and duties. 

With a consultation on the code now underway, we invited the Ombudsman’s head of service, Verity Richards (pictured, left), to speak to members about the changes and how they can best prepare. 

Here are the main points from the virtual event, which was one of the first the Ombudsman has participated in since the launch of its consultation last month. 

A shift in approach 

The Ombudsman is keen to shift its focus from resolving individual complaints to driving positive change across the sector. 

Verity highlighted five areas the Ombudsman is focussing on to deliver this change: 

• Through the statutory code – meaning landlords must comply by law 
• Through the self-assessment – landlords must publish and submit these to the Ombudsman
• Through the duty to monitor – the Ombudsman must check compliance
• Through interventions – ensuring action if there is actual (or risk of) non-compliance
• Through orders – swift orders where landlords fail to act or are non-compliant. 

Verity said the Ombudsman was looking at how to make the self-assessment as “slick and easy” as possible for landlords to avoid “administrative burden”. 

On interventions, she said cyber incidents have been a particular challenge for organisations within the sector, something the Ombudsman has been able to help with thus far and will continue to do going forward. 

However, Verity highlighted the challenges that come with enacting this shift in what is a time of turbulent change within the sector, including: 

• Changes in operational leadership through things like mergers and acquisitions
• An increase in disrepair claims, leading to an inconsistency in outcomes
• Wider sector pressures such as the Welfare Reform Act and Building Safety Act.

Tragedies such as the Grenfell fire have influenced the Ombudsman's shift in focus. (Credit: Housing Ombudsman)

Boosting engagement 

Another of these challenges is “mixed and inconsistent” levels of engagement, something Verity said the Ombudsman is determined improve. It’s because of this, Verity said, that the Ombudsman has been conducting more outreach within the sector, including its well-attended ‘Meet the Ombudsman’ events. 

Verity also spoke of “invisible landlords” that the Ombudsman “doesn’t know a huge amount about”. She said: “I’m a little bit of a cynic, and I always think that no news is not necessarily good news.” 

However, putting cynicism aside, Verity said the reason that the Ombudsman might not have heard from certain landlords is because they are operating smoothly with few problems. If this is the case, she said there exists an opportunity “to find out what it is that they’re doing so brilliantly” and then share that with the rest of the sector. 

Making an impact 

The Ombudsman is seeking to enshrine the updated Complaint Handling Code in law, which according to Verity will make it “more consequential”. 

She said the Ombudsman is looking at this development as an opportunity to strengthen and clarify its expectations, which are: 

• Increasing awareness and access to landlord procedures 
• Extending fairness through consistency across landlords 
• Improving transparency and accountability for residents 
• Supporting learning and continuous improvement. 

Verity pointed out that the need to improve transparency and accountability for residents aligns with the Regulator of Social Housing’s work around the new Consumer Standards. 

The final point, she said, relates to one of the Ombudsman’s original core purposes of promoting professional growth within the sector.

Verity explained how the Ombudsman intends to prioritise its work. (Credit: Housing Ombudsman)

Wanted: More feedback 

Echoing the words of the Regulator of Social Housing in a separate CIH virtual event last month, Verity sought to highlight the need for landlords to provide feedback on the new code. 

“It is absolutely vital that we do hear from our landlords,” Verity said, adding: “This is a true consultation...we are really interested in your views and ideas.” 

Verity added that the Ombudsman is also keen to gather feedback around monitoring compliance with the code. 

In relation to this, Verity said the Ombudsman intends to: 

• Monitor submissions closely
• Use its experience to make sure policies are code compliant
• Support complaints teams to make changes to operational arrangements if needed
• Review insights from our casework to drive necessary changes across the sector
• Work closely with other organisations such as the Regulator of Social Housing. 

Next steps 

The Ombudsman launched its consultation on 28 September, with the closing date set for 23 November. 

The updated code and guidance will then be published early next year. Verity said she was currently unable to give a more precise date, as the Ombudsman is unsure of the scale of the feedback they will receive during the consultation period. 

The new code will go live in April 2024; though, as verity pointed out, this doesn't necessarily mean landlords will need to submit by April 2024. The Ombudsman is proposing landlords send through their information in line with their submissions to the Social Housing Regulator on the Tenant Satisfaction Measures. Even if the code is implemented straight away, Verity said the Ombudsman won’t start monitoring until further into the year. 

Verity ended her presentation by reiterating the Complaint Handling Code’s raison d’etre. “The purpose of the code is to extend fairness, and that is what we intend to do,” she said.

• This virtual event was hosted by CIH’s senior policy and practice officer, Sarah Davis (pictured, right)
• Watch the full recording 
• The next CIH virtual event will take place on 10 October and will look at how the sector can take a more proactive approach to EDI in the workplace