Corporate Complaints, Comments and Compliments Policy - May 2024

Appendix 2: Complaints Outside the Scope of this Policy

There are some types of complaints that fall outside the scope of this policy because there are other, more suitable processes for dealing with them, such as statutory processes or appeals.

These include the following:

Council Tax and Benefits

Council tax banding decisions: We have no influence over Council Tax banding. The Valuation Office Agency (VOA) sets your council tax band. If you have asked the VOA to change your band, and you are unhappy with their decision, you may be able to appeal. You can find more information on our Paying Your Council Tax page.

Council tax support: If you think the council’s decision is wrong, you may be able to appeal to the Valuation Tribunal England (VTE). Before you appeal, you must have already contacted CURevenues@hounslow.gov.uk to explain what the problem is, the council should reply to you within 2 months. If you are not happy with the council’s response, you can make an appeal direct to the Valuation Tribunal England (VTE) on the VTE’s own appeal form.

Further information can be found at the following links and contacts:

VTE web-site

Telephone appeal line: 0303 445 8100

Email: appeals@valuationtribunal.gov.uk

Address:

Valuation Tribunal Office, 2nd Floor 120 Leman Street

London E1 8EU

Housing Benefit: If you are not satisfied with decision, you can appeal from our Housing Benefit Appeals page.

Councillors

Complaints about the conduct of Members (Councillors) will be considered by the Council’s Monitoring Officer. This will be in accordance with the arrangements for dealing with allegations that the Code of Conduct for Members has been breached. As such these may be referred to the Council’s Standards Committee.

Data Protection

Refusals to disclose information under the Data Protection Act (DPA) 2018 that incorporates implementation of the General Data Protection Regulation (GDPR). Please contact Customer Relations: dataprotection@hounslow.gov.uk.

Education

Complaints about Schools: Schools have their own complaints procedures and the Local Authority no longer has a role to play in investigating complaints.

All schools are required to provide their Complaints policy on their website and provide a paper copy on request. Complaints about a school or a member of school staff should be made to the Head Teacher.

Where a resolution is not found at this stage, the complaint should be referred to the governing body. Complaints about a Head Teacher should be made to the Chair of Governors. The contact details for schools in Hounslow are available online.

School admissions issues are dealt with by an Admission Appeal Panel.

Issues about Special Education Needs (SEN) provision are dealt with by their own appeals process.

Enforcement

The Council’s decision to take, or not to take, enforcement action or use powers to prosecute. For example, noise nuisance, anti-social behaviour.

Housing

Homelessness applications (Part VII): How the Council deals with homelessness applications, the suitability of interim or temporary accommodation and homelessness application decisions are dealt with in accordance with a statutory review and appeal process. For such a review please contact: Reviews@hounslow.gov.uk

Outcomes of housing application assessments (Part VI), including priority band and medical decisions are dealt with by separate internal review processes. You can request a review of the assessment of your housing application by emailing: Reviews@hounslow.gov.uk

Challenges from Leaseholders about service charges are dealt with by the Leasehold Income Team. Please contact them by e-mail at the following address: Leaseholdservices@hounslow.gov.uk

If the dispute cannot be resolved by this process, you should approach the Leasehold Advisory Service

Complaints about Registered Social Housing Providers (also known as ‘Housing Associations’): The Council does not have any jurisdiction over the day-to-day management of other social landlords. If you are dissatisfied with the service you are receiving from your social landlord, you should make a complaint to them. You can do this online by completing and submitting a complaint form on their website.Corporate Complaints, Comments and Compliments Policy (May 2024)

If after making a complaint you are not satisfied that your landlord has resolved the matter or dealt with your complaint appropriately, you should seek further advice from the Housing Ombudsman Service.

The Housing Ombudsman Service is set up by statute to look at complaints about the housing organisations that are registered with them and to resolve disputes involving the tenants and leaseholders of social landlords. You can find more information on the Housing Ombudsman website.

Outcomes of a Housing enforcement decision for private sector housing are handled as an appeal.

Insurance claims

Insurance: Insurance claims or complaints about how an insurance claim has been dealt with or about the outcome of an insurance claim. Decisions on the outcome of an insurance claim are made by the Council’s insurer not the Council. Complaints on how a claim has been dealt with will be considered by our insurer.

Legal

Complaints where the resident has started legal proceedings such as the Claim Form and Particulars of Claim having being filed at Court, complaint is being or has previously been considered under the complaint policy, by a court or tribunal or it has been addressed by the Local Government and Social Care Ombudsman or Housing Ombudsman ruling.

Parking

Penalty Charge Notices including moving traffic offences: Any matters relating to a penalty charge notice (PCN) are dealt with by a statutory appeals process.

Planning

Planning decisions and outcomes of planning enforcement actions are dealt with under the Town and Country Planning appeals procedure.

Procurement

Complaints from suppliers or potential suppliers relating to the award of contracts are dealt with under the procurement process. You can find more information on the Council’s website.

Social Care

Complaints about Social Care Services: The procedures and timescales are different to other services. These are dealt with under The Children Act 1989 Representations Procedure (England) Regulations 2006; and the Local Authority Social Services and National Health Services Complaints (England) Regulations 2009.

More information can be found on the Council’s website.

Social care financial assessments: These are dealt with by the Financial Assessment Review and Appeals Procedure. Please contact the following email address: careplace@hounslow.gov.uk

Staff

Complaints about staff conduct – some elements of staff conduct may be subject to the Councils HR Management policies.

We will not manage enquiries from Councillors and MPs within this policy, but under a separate process. These will be dealt with as enquiries rather than complaints.

This list is a guide and is not exhaustive. There may be other issues that we are unable to investigate because there is a more appropriate body or process. In such circumstance, we will advise you of the appropriate process and procedure.

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