7AComplaints must be referred by designated person unless paragraph 7B applies

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.

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.

7BComplaints that need not be made by way of referral by designated person

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).

7CDesignated tenant panels

1

In paragraph 7A(3)(c) “designated tenant panel” means a group of tenants which is recognised by a social landlord for the purpose of referring complaints against the social landlord.

2

There may be more than one designated tenant panel for a social landlord.

3

Where a social landlord becomes a member of an approved scheme, the social landlord must give to the person administering the scheme contact details for any designated tenant panel for the social landlord.

4

Where a group becomes a designated tenant panel for a social landlord, the social landlord must, as respects each approved scheme of which the social landlord is a member, give to the person administering the scheme contact details for the panel.

5

Where a group ceases to be a designated tenant panel for a social landlord, the social landlord must inform the person administering each approved scheme of which the social landlord is a member.

6

A complaint referred to a housing ombudsman under an approved scheme by a designated tenant panel for a social landlord is not affected by the group concerned ceasing to be a designated tenant panel for the social landlord.

7DEnforcement of a housing ombudsman’s determinations

1

The Secretary of State may by order make provision for, or in connection with, authorising a housing ombudsman under an approved scheme to apply to a court or tribunal for an order that a determination made by the ombudsman may be enforced as if it were an order of a court.

2

Before the Secretary of State makes an order under sub-paragraph (1), the Secretary of State must consult—

a

one or more bodies appearing to the Secretary of State to represent the interests of social landlords,

b

one or more bodies appearing to the Secretary of State to represent the interests of other members of approved schemes,

c

one or more bodies appearing to the Secretary of State to represent the interests of tenants, and

d

such other persons as the Secretary of State considers appropriate.

3

The Secretary of State’s power to make an order under sub-paragraph (1) is exercisable by statutory instrument.

4

A statutory instrument containing an order made by the Secretary of State under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.