Removal of 'democratic filter' to improve accessibility to Housing Ombudsman services

Changes to the Housing Ombudsman Scheme that came into effect at the beginning of October will make it easier for residents to access its service, the Ombudsman has claimed.

The service also said that its guidance on remedies has also been strengthened.

The following guidance documents have been updated: Guidance on jurisdiction, Guidance on investigations, Guidance on outcomes, Guidance on remedies.

The revised Scheme removes the ‘democratic filter’ following a change in the law. This means residents no longer have to contact a designated person or wait eight weeks before referring their complaint to the Ombudsman if they remain dissatisfied at the end of their landlord’s complaint process.

Although residents can still contact their MP, local councillor or tenant panel about a complaint, the designated person role will not be part of its formal process.

The scheme also lays out updates based on the requirements set out in the Complaint Handling Code. These include ensuring that complaints procedures are in line with the Ombudsman’s Complaint Handling Code to improve access and awareness of procedures.

The revised scheme includes updated guidance from the Housing Ombudsman on remedies with a new level of redress for severe maladministration and compensation in the context of rents including awards by the Ombudsman where there may be arrears.

While some landlords offset any payment of compensation against a resident's rent or service charge arrears, it is the Ombudsman's position that compensation awarded by the service should be treated separately rather than offset against arrears.

The new guidance also strengthens consideration of financial compensation relative to the amount of rent paid by the resident over the period covered by the complaint.

Richard Blakeway, the Housing Ombudsman, said: “The removal of the democratic filter marks an important step in improving accessibility to our service for all social housing residents. It promotes a speedy route to redress and direct access to our service.

“In response to these changes we have also strengthened the scope of our remedies guidance to ensure landlords ‘put things right’ for their residents. This includes a new level of redress for severe maladministration findings and that we will consider compensation in relation to the amount of rent paid by the resident over the period covered by the complaint depending on the level of service failure.

“We have also added that compensation awards should be paid directly to the resident for the detriment caused and not towards any rent or service charge arrears. The compensation we award should be treated separately from any existing financial arrangements between the landlord and resident and should not be offset against arrears. This applies regardless of whether the landlord’s compensation policy allows it to do this.”

The revised Scheme came into effect on 1 October 2022 and replaces the previous Scheme which was in operation from 1 September 2020.

Lottie Winson