How new data will usher in a step change for social housing

Following the introduction of the Social Housing (Regulation) Act 2023, the Housing Ombudsman now exercises greater authority in handling complaints, while most providers now have a statutory duty to adhere to the ombudsman’s Complaint Handling Code.

The fact that the Housing Ombudsman now has legally defined duties means there is greater likelihood for complaints to progress and a greater possibility of negative outcomes.

These range in severity from an official apology to residents, through to hefty fines and referral to the Regulator of Social Housing, which holds the power to downgrade or even de-register RPs. While de-registering is uncommon, the possibility alone emphasises the need for all providers to ensure they adhere to the proper process.

Another contributing factor to the rise in complaints is increased media attention on providers that have missed the mark. There is growing awareness of such issues among residents, giving them greater understanding of their rights and making it more likely they will report problems and demand a suitable solution.

This, in itself, is no bad thing, but has resulted in increased scrutiny of providers by the public and the ombudsman.

One example is the well-publicised consultation on Awaab’s Law, which comes in response to the tragic death of a child due to a housing provider’s failures to tackle damp and mould. As a result, RPs can expect to face increased obligations that must be carried out in a timely manner.

However, facing crises on multiple fronts – including a lack of resources, funding and skilled staff – providers may struggle to keep pace with heightened obligations or increased complaints, and risk falling at the first hurdle.

While the current situation may seem bleak, steps can be taken to ensure this short-term pain doesn’t have lasting impacts on providers’ services.

In recognition of the Housing Ombudsman’s new legal powers, all providers should review and update their policies to ensure they are robust and aligned with the its Complaint Handling Code.

This is an important step in making the process more efficient and could prevent some complaints progressing. If a complaint does progress, being able to evidence updated policies will prove invaluable, as providers can clearly demonstrate they have adhered to legislation.

Appointing an independent board member who can scrutinise the complaints process to ensure it is enacted properly is also key to reducing the number of complaints being progressed. It’s important to continuously review internal data, keep track of spikes in complaints and identify when policies may need further review.

Exploring ways to better utilise and invest in data can also help to keep policies relevant. Many providers are currently looking into implementing improved technology and data-management tools throughout their operations.

As the use of data continues to evolve within the sector, investment into upgrading technology where possible could be beneficial long term, and providers should consider its place in any future strategy.

For example, data-management tools can be used to log complaints and maintenance works to ensure all information on a property is stored in one place.

Even something as simple as this will prevent important information slipping through the cracks, making cases less likely to fall below the radar.

Ongoing, cyclical maintenance works, in particular, require regular tracking to remain effective for residents. With a clear understanding of repairs and complaints at every stage through better data management, providers can ensure they remain on top of all operations and are prepared to handle resident concerns as they arise.

Engagement with residents is also essential for maintaining effective procedures and to avoid falling into the trap of a tick-box approach to handling complaints. However, maintaining individual relationships on a large scale, particularly for national providers, can seem daunting.

To ensure residents feel heard, providers can implement a variety of measures, including using the tenant satisfaction measures, workshops and resident forums, all of which open the door to dialogue that provides real value when it comes to complaint-handling procedures.

While there will almost certainly be an adjustment period, providers should see the strengthened powers of the ombudsman as a positive force that will accelerate the longer-term health of the social housing sector.

Providers should act now to implement robust policies, explore new data-management tools and build stronger relationships with residents. With residents at the heart of the sector, a culture shift is underway which, if seized now, could see better-performing providers, happier residents and reduced complaints in the long term.

Natalie Owen, social housing partner, Shakespeare Martineau