SCHEDULES

SCHEDULE 2 Social rented sector: housing complaints

Matters for which scheme must provide

I12

1

A scheme shall not be approved for the purposes of this Schedule unless it makes provision for—

1

The establishment or appointment of an independent person to administer the scheme.

2

The criteria for membership for—

a

social landlords under a duty to be members of an approved scheme, and

b

other persons.

3

The manner of becoming or ceasing to be a member.

4

The matters about which complaints may be made under the scheme.

5

The grounds on which a matter may be excluded from investigation, including that the matter is the subject of court proceedings or was the subject of court proceedings where judgment on the merits was given.

6

The descriptions of individual who may make a complaint under the scheme.

7

The appointment of an independent individual to be the housing ombudsman under the scheme.

8

The appointment of staff to administer the scheme and to assist the housing ombudsman and the terms upon which they are appointed.

9

A duty of the housing ombudsman to investigate any complaint duly made and not withdrawn, and a power to investigate any complaint duly made but withdrawn, and where he investigates to make a determination.

10

A power of the housing ombudsman to propose alternative methods of resolving a dispute.

11

The powers of the housing ombudsman for the purposes of his investigations, and the procedure to be followed in the conduct of investigations.

F311A.

A power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them.

11B.

A duty of the housing ombudsman to consult—

a

the Regulator of Social Housing,

b

members of the scheme, and

c

individuals who may make complaints under the scheme,

before issuing, revising or replacing any such code.

11C.

A duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.

12

The powers of the housing ombudsman on making a determination.

13

The making and publication of annual reports by the housing ombudsman on the discharge of his functions.

14

The manner in which determinations are to be—

a

communicated to the complainant and the person against whom the complaint was made, and

b

published.

15

The manner in which the F4costs of the person administering the scheme and the scheme’s housing ombudsman are to be defrayed by the members.

16

F1In the case of a scheme relating to Wales, the keeping and auditing of accounts and the submission of accounts to the Secretary of State.

F216A

In the case of a scheme relating to England, the keeping of accounts.

17

The making of annual reports on the administration of the scheme.

18

The manner of amending the scheme.

2

The Secretary of State may by order amend sub-paragraph (1) by adding to or deleting from it any item or by varying any item for the time being contained in it.

3

An order under sub-paragraph (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.