Our orders
This key topic page explores the variety of orders that we can make to put things right such as compensation, ordering a repair to be undertaken or a survey to be completed, as well as apologies and reviews of policy.
What are our orders?
Where we have made a finding of service failure, maladministration, or severe maladministration, we can order a landlord to implement the remedies we have identified for that case.
We aim to provide fair and proportionate remedies to complaints appropriate to each case's circumstances. This includes ensuring that the order we propose is proportionate to the severity of the maladministration we found during our investigation.
We can make a variety of orders to put things right such as compensation, ordering a repair to be undertaken or a survey to be completed, as well as apologies and reviews of policy.
These orders are legally binding, meaning that if a landlord does not comply, we can force them to do so via court action. However, the compliance rate with our orders is 100%.
Remedies
A remedy is how the Ombudsman ensures that matters are put right after we investigate a case.
This guidance should be read alongside our Investigations Guidance (PDF), Guidance on Outcomes, and Guidance on complaints involving insurance issues (PDF).
Remedies guidance
This guidance is intended for use by Housing Ombudsman Service staff, our member landlords, residents and their representatives. It looks at what a remedy is, the key considerations for remedies nd what remedies we can and cannot make.
Remedies: Offsetting and the Ombudsman’s approach
View our guidance on offsetting and the Ombudsman’s approach including legal considerations and our approach to complaint handling.
Compensation
There are 2 types of compensation:
- payments that the landlord is obliged to make - usually due to legal requirements
- discretionary compensation - which is a payment the landlord chooses to make
Compensation payments ordered by the Ombudsman
Compensation will not be appropriate in every case. We will only order a landlord to pay compensation if we find evidence of service failure or maladministration that has not been put right. In addition, we must be satisfied that compensation is the most appropriate action that will put things right in the circumstances of the complaint.
All compensation calculations are based on what is considered fair in the circumstances of the case. We can order a landlord to pay compensation for:
- actual, proven financial loss sustained as a direct result of the maladministration or service failure
- avoidable inconvenience, distress, detriment or other unfair impact of the maladministration or service failure
Compensation required by law
Local authority or housing association residents may be entitled to compensation from your landlord if you’ve been affected by:
- home loss
- disturbance
- improvements
- Right to Repair
- payment for damage to your property/belongings
- discretionary compensation
Establishing a sector-wide approach to compensation
In a recent comment piece for Inside Housing, Housing Ombudsman Richard Blakeway discussed the importance of establishing a sector-wide approach to compensation in the housing sector. It outlined 7 lessons for landlords to handle compensation more effectively.
These lessons, taken from the Ombudsman’s investigations, emphasise the need for a fair, reasonable and consistent approach to compensation that is understood from the boardroom to frontline staff, with a focus on improving the service provided to residents.
Compensation training
The Centre for Learning has a range of courses and microlearning available via the Learning Hub. Simply log in to access the training.
Our compensation approach
The aim of the microlearning is to set out 7 key lessons for landlords to manage compensation better.
It shares short case study examples and emphasises important factors to consider when managing compensation, including:
- Time
- Individual circumstances
- A clear compensation framework
- Effectiveness
- Communication
- Avoid arbitrary payments
- Learning
Apologies
An apology is an opportunity to restore trust and begin to mend a resident and landlord relationship. A well-made apology is an important and powerful tool in resolving a complaint early.
Apologies guidance for landlords
This guide will help you decide what to include in your apology, whether it should be written or in person, and who should give it.
Responding to a complaint guidance
We have developed guidance for landlords when investigating and responding to complaints through their complaint's procedure. View our guide to see the issues we expect landlords to consider when responding to a complaint.
Wider orders
The Social Housing Regulation Act (2023) provided us with considerable new powers. In late 2023 the Housing Ombudsman received approval from the Secretary of State to make recommendations to a landlord to evaluate a particular policy or process which goes beyond the scope of an individual complaint and seek to address any wider issues.
Following the statutory Code on 1 April 2024, these recommendations can now be issued as orders, which the landlord is duty bound to act upon.
What are wider orders?
Our power to order a landlord to review its practice is designed to help prevent repeated service failure and the same issues happening again, or happening to more than one household, which may result in further complaints.
Wider orders can also help to share good practice across the sector, demonstrating our value of sharing learning from complaints to meet our vision of improving landlord’s services through complaints.
Wider order reports and guidance
Wider order reports
As part of the new powers we have gained to issue wider orders under the Social Housing Regulation Act, we have ordered several landlords to undertake independent reviews to identify issues with policy and procedure.
Guidance on addressing the wider public interest in our casework
View the updated guidance on addressing the wider public interest in our casework.
Wider orders training
The Centre for Learning has a range of courses and microlearning available via the Learning Hub. Simply log in to access the training.
Wider orders microlearning
NEW microlearning
This 10 minute microlearning module explores the Ombudsman’s new powers to issue wider orders
It features a short case study highlighting a wider order issued by the Ombudsman and provides insights into how the landlord improved their practices. Discover the learning and positive changes implemented as a result of this order.
Special investigation webinar
Our special reports follow an investigation carried out under paragraph 49 of the Housing Ombudsman Scheme.
This allows the Ombudsman to conduct further investigations beyond an individual complaint to establish whether any presenting evidence is indicative of a systemic failing.
Special investigation webinar with L&Q
Hosted by the Housing Ombudsman Service, L&Q joined us at this webinar to share their experience following an investigation carried out under paragraph 49 of the Housing Ombudsman Scheme.
This webinar offers the chance to learn how our investigations help prevent similar issues and improve service delivery by learning from complaints.
Learning from complaints webinar
Our learning from severe maladministration reports groups together several cases, involving different landlords, to examine related themes and lessons, including where vital opportunities were missed to improve outcomes for residents.
Read our latest learning from severe maladministration report
Learning from complaints webinar with Gentoo
Hosted by the Housing Ombudsman Service' Centre for Learning, Gentoo joined us at this Learning from Complaints webinar.
During this session Gentoo discussed its customer complaints journey and service improvement approach. We also heard about Gentoo’s skills programme and how this is improving the customer experience.
Podcasts with the Centre for Learning
We publish our podcasts on SoundCloud, offering the opportunity to listen to the latest insights from the Ombudsman while on the go. Tune in to hear about current topics and the latest learning from our casework. Our playlists also feature interviews with special guests, providing updates and insights from across the housing sector.
Exploring orders and recommendations
This soundcloud playlist explores the range of orders and recommendations that we can make to put things right such as compensation, ordering a repair to be undertaken or a survey to be completed, as well as apologies and reviews of policy.
Landlords Learning Hub
Centre for Learning online platform
Explore our NEW learning tool - the Landlord Learning Hub.
Log in and discover the training options available to you.
If you have not logged into the new Hub, you will need to set up an account to gain access to a range of learning materials.
Resident information
When to use the Housing Ombudsman Service
If you are unable to resolve the complaint with your landlord directly via its complaint procedure, this service may be able to provide you with further assistance.
View the residents' pages to find out how to raise and complaint to your landlord and when to escalate your complaint to the Housing Ombudsman Service.