Investigation
Dispute resolution
Dispute resolution is a way of resolving a disagreement between a landlord and a resident without going to court. An effective dispute resolution process can:
- mend relationships and build trust between landlords and residents
- identify what went wrong
- facilitate fair and effective redress
- make sure learning happens to avoid the same problem occurring again
The Housing Ombudsman believes there are 3 principles that drive effective dispute resolution:
- be fair
- put things right
- learn from outcomes
Dispute resolution training modules
The Centre for Learning has a range of courses and microlearning available to landlords via the Learning Hub. Simply log in to access the training.
Dispute resolution
The dispute resolution module is aimed at developing knowledge and understanding to help resolve issues at an early stage and at a local level, based on our dispute resolution principles.
It demonstrates the principles using case studies and examples of best practice. Suitable for landlord employees of all levels with a role in dispute resolution, the course will enable participants to:
- apply the dispute resolution principles to help resolve complaints effectively
- identify cultural changes that will lead to better outcomes for residents and landlords
Applying dispute resolution
The applying dispute resolution module sets out how to use the dispute resolution principles to manage 3 types of complaint:
- repairs
- antisocial behaviour
- managing unacceptable behaviours
Participants work through scenarios in these three areas and can stop and start at any time.
There is a short knowledge test at the end.
How we investigate
The Ombudsman has a duty to consider all eligible complaints which have not been resolved during the landlord’s own complaints process.
When investigating a complaint, the Ombudsman will assess whether the actions taken by the landlord were fair and reasonable in all the circumstances of the case.
The Ombudsman is not bound by the same legal rules as a court when it comes to evidence and takes an evidence-based inquisitorial approach to investigations. Our status as an Ombudsman provides us with the flexibility to exercise our judgment and treat an individual complaint as a test case if we believe its facts could affect others.
We can also use our investigation powers to establish whether any individual issues might be part of a wider failing that may affect a provider or the sector and publish our findings to share learning and good practice from complaints.
When investigating we will consider whether a landlord has:
- complied with their legal obligations.
- complied with any relevant codes of practice.
- followed its own policies and/or procedures.
- dealt with the complaint in a reasonable time
- behaved unfairly, unreasonably, or incompetently.
- treated the resident personally in a heavy-handed, unsympathetic, or in an inappropriate manner
Following an investigation or resolution the Ombudsman will send the parties a decision letter also known as a determination. We may also make orders and recommendations to the landlord to put things right.
Guidance
Jurisdiction guidance
We can consider a complaint for investigation when a resident asks us to investigate, and we have evidence that the landlord’s complaint procedure has been exhausted.
Evidence to investigate a complaint
When we accept a case for investigation, we will make a request to the landlord for information that we use as evidence to make a decision on a case.
Investigation guidance
Our investigation guidance provides details of the Ombudsmans approach to investigating a complaint and its decison making.
Special investigation reports
Our special reports follow an investigation carried out under paragraph 49 of the Housing Ombudsman Scheme, which allows the Ombudsman to conduct further investigations beyond an individual complaint to establish whether any presenting evidence is indicative of a systemic failing.
Southern Housing
Published 14 May 2024
In this report, the Ombudsman issued determinations on 77 cases, making 184 findings with a maladministration rate of 79%. Regarding complaint handling, the maladministration rate was 92%.
Hammersmith and Fulham Council
Published 20 February 2024
The landlord had 12 findings of severe maladministration between 1 April 2022 and 31 March 2023, in cases involving repairs and/or complaint handling, which raised concerns over how the landlord operates and the services it provides.
Evidence submissions webinar
Centre for Learning webinar
In May 2024, we changed the way we request evidence from landlords by simplifying the evidence submission process with a standardised format.
In this webinar recording we share information on how landlords can best provide the relevant information for a case investigation and give feedback on the new process.
Landlord Learning Hub
Centre for Learning online platform
Explore our NEW learning tool - the 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.