How we work with elected representatives
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How we work with elected representatives
We work with elected representatives in several ways. We help with policy enquiries about our work and remit. We also provide guidance on how you can be a representative for a constituent.
We are happy to provide updates on a constituent’s case where possible.
Elected representatives can contact us at electedreps@housing-ombudsman.org.uk.
Supporting residents to make a complaint
Residents can bring their complaint directly to us. Our service is independent, impartial, and free to use. We do not require residents to have an MP or councillor refer the complaint to us.
However, there are circumstances where residents request an elected representative to act on their behalf.
Some residents may be distressed, vulnerable, or struggling to complain. In these situations, elected representatives can make the greatest difference.
We would otherwise encourage you to refer residents to the online complaint form or our phone number to make a complaint themselves.
We have a range of online resources that are useful to share with your constituents. These support residents complaining to their landlord, or explain how to bring a complaint to our service.
Compliance with the Complaint Handling Code
Our Complaint Handling Code says that third-party complaints must be handled in line with the landlord’s complaints policy. It would be unreasonable for a landlord to refuse to accept such a complaint.
Landlords can accept a complaint made by any contact method, but we recommend making complaints in writing – by email, post, or both.
MPs and local councillors may:
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- make a complaint to a landlord and/or the Ombudsman on behalf of a constituent
- represent a constituent in their communication with the landlord and/or the Ombudsman
Bringing a complaint on behalf of a constituent
Consider the follow points when contacting landlords or our service in your casework.
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1
Make sure the constituent is a resident of your area and that you are their elected representative.
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2
Make sure you understand the complaint. You must be able to tell the landlord or us what has gone wrong. You also need to be clear about what your constituent wants the landlord to do to fix it.
Our compensation guidance and guidance on remedies will help you and your constituent decide what a reasonable outcome might be.
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3
Make sure the constituent has asked the landlord to do something (“made a service request”) before complaining that it has done or not done something.
Our Complaint Handling Code describes the difference between a service request and a formal complaint.
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4
Make sure you have your constituent’s consent to contact the landlord or us.
It is a good idea to have a form of written consent. Landlords and our service may reasonably ask for this before accepting the complaint. This is simple if a constituent has written to or emailed you, as you can forward it on to the landlord or us.
If the constituent complains to you by telephone or in person, ask them to put the complaint in writing if possible. They can also provide a form of written consent which you can then pass on.
We recommend written consent from your constituent but is not essential. Neither the landlord nor our service should refuse to accept a complaint without written consent, provided you’re the elected representative for the constituent.
The Housing Ombudsman Scheme says we must be satisfied that a representative has the legitimate authority to act on the person’s behalf.
If we are not reasonably sure of your authority, we will carry out a postcode check. This helps us confirm that the complaint relates to a property in your constituency or ward.
Advice on data protection legislation and how it applies to your casework is available on the Information Commissioner’s Office website.
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5
You must agree to the terms of your representation with the constituent.
This could look like:
- referring the complaint to the landlord or our service but taking no further part in the process
- being copied into some or all correspondence between the constituent and the landlord or our service
- representing the constituent in all communication with the landlord or our service
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6
You must use your parliamentary letterhead and/or your parliamentary or government email address.
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7
Make sure you address your complaint to the correct place.
Some social housing providers have email addresses for correspondence with elected representatives. It may be useful to create and maintain a list of social housing providers in your area and their contact details.
Elected representatives can contact us at electedreps@housing-ombudsman.org.uk
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8
Make sure the landlord has had the opportunity to respond to your constituent’s complaint using its complaints procedure. Our member landlords must have a complaints procedure which is compliant with our Complaint Handling Code.
Our information on appointing or acting as a representative gives general advice for constituents and their representatives.
The Local Government and Social Care Ombudsman and the Local Government Association have published a helpful guide for local councillors raising complaints.
Multiple complaints about a social housing provider in your area
Tell us if you have multiple complaints about a social housing provider in your area.
Our systemic framework allows us to look beyond an individual complaint. We can consider if there is evidence of a wider or deeper problem at a social housing provider.
What to do if we cannot investigate your constituent’s complaint
If we cannot investigate a complaint, we’ll do our best to direct you to the appropriate dispute resolution method. This may be another Ombudsman, central or local government department, or the relevant court or tribunal.
A list of organisations that may be able to help you or your constituents is available our website.