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SCHEDULES

SCHEDULE 2E+W Social rented sector: housing complaints

[F1Complaints must be referred by designated person unless paragraph 7B appliesE+W

Textual Amendments

F1Sch. 2 paras. 7A-7D and cross-headings inserted (1.4.2013 for E. for the insertion of Sch. 2 paras. 7A-7C) by Localism Act 2011 (c. 20), ss. 180(1), 240(2) (with s. 180(3)(4)); S.I. 2013/722, art. 2(a) (with art. 3)

7A(1)A complaint against a social landlord is not “duly made” to a housing ombudsman under an approved scheme unless it is made in writing to the ombudsman by a designated person by way of referral of a complaint made to the designated person.E+W

(2)Sub-paragraph (1) is subject to paragraph 7B (complaints that need not be made by way of referral).

(3)For the purposes of this paragraph “designated person” means—

(a)a member of the House of Commons,

(b)a member of the local housing authority for the district in which the property concerned is located, or

(c)a designated tenant panel (see paragraph 7C(1)) for the social landlord.

(4)Before making a referral under sub-paragraph (1), a designated person must obtain written consent from the complainant or the complainant's representative.

(5)Sub-paragraphs (6) and (7) apply if under sub-paragraph (1) a designated person refers a complaint to a housing ombudsman.

(6)If the ombudsman decides—

(a)not to investigate the complaint, or

(b)to discontinue investigation of the complaint,

the ombudsman must prepare a statement of reasons for that decision and send a copy of the statement to the designated person.

(7)If the ombudsman completes investigation of the complaint, the ombudsman must inform the designated person of—

(a)the results of the investigation, and

(b)any determination made.

(8)In sub-paragraph (3)(b) “district” in relation to a local housing authority has the same meaning as in the Housing Act 1985.]