SCHEDULES
SCHEDULE 2 Social rented sector: housing complaints
F1Complaints that need not be made by way of referral by designated person
7B
1
Paragraph 7A(1) does not apply in relation to a complaint against a social landlord made to a housing ombudsman under an approved scheme if the ombudsman is satisfied that—
a
the social landlord has procedures for considering complaints against the social landlord,
b
the matter that forms the subject of the complaint has been submitted to those procedures,
c
those procedures have been exhausted, and
d
the complaint has been made to the ombudsman after the end of the eight weeks beginning with the day on which those procedures were exhausted.
2
Paragraph 7A(1) does not apply in relation to a complaint against a social landlord made to a housing ombudsman under an approved scheme if—
a
the ombudsman is satisfied that a designated person—
i
has refused to refer the complaint to a housing ombudsman under an approved scheme, or
ii
has agreed to the complaint being made otherwise than by way of a referral by a designated person, and
b
the refusal, or agreement, is in writing or the ombudsman is satisfied that it has been confirmed in writing.
3
Paragraph 7A(3) (meaning of “designated person”) applies also for the purposes of sub-paragraph (2).
Sch. 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)