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A duty of the housing ombudsman to investigate any complaint duly made and not withdrawn, and a power to investigate any complaint duly made but withdrawn, and where he investigates to make a determination.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