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3.5 Appeals and Complaints
3.5.1 Policy
Purpose
Bridge Housing's Appeals and Complaints Policy outlines how Bridge Housing will handle dissatisfaction with our service and our decisions. Its purpose is to:
- give applicants and tenants the right to complain or appeal
- make it easy for tenants and applicants to exercise that right
- help Bridge Housing review what is and isn't working well in our organisation.
The Appeals and Complaints Policy outlines how Bridge Housing will implement this policy so that we have effective ways to:
- register, investigate, resolve and record complaints and appeals
- ensure applicant and tenant rights, and
- enable applicant and tenant views to influence how we deliver our housing services.
Definitions
An appeal is when a Bridge Housing applicant or tenant is dissatisfied with a decision about a Bridge Housing service and asks for a review of the decision.
A complaint is when a Bridge Housing applicant or tenant informs us that they are dissatisfied with our service, practices or policies.
Exclusions
This policy does not include:
- Staff or management disputes and grievances. These are covered in the relevant Award and under Bridge Housing Human Resource Management Policies (Section 7 Bridge Housing Policy and Procedures Manual)
- Tenant complaints about another tenant (or someone else outside the organisation) or
- Complaints about our organisation or our tenants by people who are not service users (e.g. neighbours, funding body, real estate agents). These are assessed individually and dealt with in terms of the relevant housing management, organisational or staff management policy.
Principles in Dealing with Appeals and Complaints
- We respond promptly and appropriately to any request for information about our service, or any concern or objection about our rules, practices or tenancy conditions, with the intention of firstly clarifying rules, rights, responsibilities or services provided
- Bridge Housing welcomes feedback, appeals and complaints, as this helps us to improve our services to applicants and tenants
- Bridge Housing informs applicants and tenants about our complaints and appeals policy through pamphlets, newsletters, and verbally.
- Applicants and tenants can make complaints without fear of recrimination
- The appeals and complaints procedures is user friendly for tenants and applicants
- Tenants and applicants can involve their own advocate or support person at any point in our appeals and complaints procedure
- Our procedures states which staff members are responsible for dealing and processing the appeals and complaints, how long it takes and how it is recorded.
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3.5.2 Procedure
This policy sets out Bridge Housing decisions which are appealable and our process for dealing with appeals.
Bridge Housing applicants and tenants and have the right to request that Bridge Housing reviews decisions with which they disagree or believe unfair. Bridge Housing will review the merits of the decision within the policy of the organisation and taking account of procedural fairness and the circumstances of each case.
Bridge Housing's Appeals procedure involves an internal appeals process managed by Bridge Housing. The external appeals process is managed through the Housing Appeals Committee. Bridge Housing applicants and tenants can appeal to the Housing Appeals Committee (HAC) only after they have used Bridge Housing internal appeals process.
Bridge Housing will ensure that where it makes a decision about an entitlement or a service that it shall include information on the right to appeal in its verbal and written communication with applicants and tenants.
Bridge Housing expects all staff to understand the Appeals Policy. If a tenant disagrees with a decision made by Bridge Housing the staff member is to inform the applicant or tenant of Bridge Housing's Appeals Policy and the process and provide information to use the Appeals procedure.
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3.5.2.1 Appealable Decisions
Applicants and tenants can appeal about the following Bridge Housing decisions.
Applicants
- Waiting List
- General eligibility
- Removal from waiting List
- Backdating of eligibility on waiting list
- Eligibility of people classified as former unsatisfactory tenants
- Housing Entitlements
- Size of dwelling
- Modification or special features of dwelling
- Locational need
- Priority Housing
- Eligibility
- Locational or housing type need
- Minors
- Eligibility of minor to be granted a tenancy
- Offer Of Property
- Whether offer is considered reasonable
- Acceptability of reason for not accepting offer
- Removal for not accepting an offer
- Succession Of Tenancy
- Eligibility to be granted succession
- Housing entitlement if granted succession.
Tenants
- Transfer
- Eligibility for general transfer
- Eligibility for priority transfer
- Locational need
- Relocation of tenant for management purposes
- Housing entitlement if granted transfer
- Rental Subsidy Assessment
- Calculations, changes to or cancellation of a rental subsidy.
- Modification Of Property
- Need for modification for disability/medical reasons. Not maintenance or upgrade issues.
- Tenant improvement of property–reimbursement
- Mutual Exchange
- Eligibility for and approval for exchange
- Absence From Dwelling
- Permission to be absent and rent calculations
- Tenant Charges
- Charges at vacation of the dwelling where not covered by a Consumer, Trader, and Tenancy Tribunal (CTTT) decision
- Offer Of Property-Transfer
- Whether reasonable offer made and if the offer counted for purposes of offer policy
- Fixed Term Leases
- Conditions and renewal eligibility
- Head Leasing
- Relocating tenants to other social housing at expiry of headlease (Tenants cannot appeal about obtaining headlease housing)
- Additional Occupants
- Approval of additional occupants
- Joint Tenancies
- Eligibility for joint tenancies
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3.5.2.2 What Are Not Appealable Decisions
- Decisions not directly related to the person or household
- Matters which are the responsibility of other tribunals eg CTTT
- Housing provider policies
- Matters for which clients cannot make application to housing providers
- Internal administrative and funding matters of the housing provider
- Complaints about the way a service is delivered-see Complaints Policy
- Programs not related to the provision of a service.
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3.5.2.3 Appeals Process
Tenants and applicants may appeal because they believe that the decision Bridge Housing made:
- Was inconsistent with Bridge Housing's Policies and Procedures
- Did not consider all the relevant information before making the decision
- Was influenced by information irrelevant to the matter under consideration
- Not deal with the client fairly, taking account of the particular circumstances of the case.
Bridge Housing's Appeals Process involves a first level internal appeals procedure. If the appellant is dissatisfied by the outcome they can appeal to the Housing Appeals Committee, which is the second and independent level of appeal.
Appeals Process
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Level 1
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Internal Appeal
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If the Appellant is dissatisfied by the original decision made by Bridge Housing they have the right to request that the decision is reviewed by the Senior Management Team (SMT - Manager, Housing Services and Executive Officer). The Executive Officer will review any appeals about a decision made by the Manager Housing Services. The Appeal must be in writing, either through the 'I want to Appeal…' Form or by writing a letter. No detail is required from the appellant but the form should be signed. Staff can assist clients to appeal if they have language or literacy barriers. The Senior Management Team will review the decision against the relevant Bridge Housing policy and consider the merits of the case taking account of the information provided by the client. Bridge Housing will use a merits review which means that the SMT will look at the all the information afresh. The Senior Management Team is required to:
- Register the appeal
- Acknowledge the receipt of the appeal in writing within two days of receiving the appellant's written appeal
- Consider the matter, including conducting an interview with the appellant if possible, and consider whether a different decision is warranted. If the client provides new information this can be taken into account at the first level appeal
- Inform the appellant in writing of the reasons for decision with clear reference to the policy criteria.
Response Time: Within 21 days of receiving the appeal Register: Appeal to be registered in Appeals Register and reported in the Housing Management Report |
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Level 2
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External Appeal
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If the appellant is dissatisfied by the outcome at the First Level appeal they can proceed to make an appeal to the independent Housing Appeals Committee (HAC).
Tenants and Applicants should appeal to the HAC within 3 months of the first level appeals process.
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3.5.2.4 Appeals to Housing Appeals Committee (HAC)
When the Housing Appeals Committee (HAC) Secretariat receives the appeal the HAC will request the tenant file from the Bridge Housing.
Once the file is received, the HAC sets a date for the hearing or interview and informs the appellant by letter. The Housing Appeals Committee aims to schedule a hearing within 4 weeks of receipt of the file from the Housing Provider. The process is informal and free for appellants. The HAC reviews whether the Housing Provider's decision conforms to the stated policy and meets the standards of natural justice considering the merits of the case.
Can the Housing Appeals Committee Change the Decision?
The Housing Appeals Committee has recommendatory powers only. The Housing Appeals Committee provides a detailed analysis and makes recommendations to the Housing Provider and it is up to the Housing Provider to make the final decision.
Bridge Housing gives serious consideration to the issues raised by the Committee in its recommendations and mostly, recommendations are accepted.
For further information about the Housing Appeals Committee call 1800-629-794 or at www.hac.nsw.gov.au
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3.5.2.5 Complaints Procedure
Tenants and applicants have a right to express their dissatisfaction with our service or our standards, practices or policies. When they do, Bridge Housing will:
- register, investigate, resolve and record their complaint
- ensure their right to be heard and not to be penalised for raising a complaint or an appeal
- enable their views to influence how we deliver our housing services.
It is Bridge Housing's responsibility to ensure that complaints and appeals are dealt with in a manner which is procedurally fair.
Confidentiality
Client confidentiality will be respected; only those directly involved with the process will be told details. Staff who are the subject of a complaint will be advised of the complaint.
Complaints/Appeals File
A record of the complaint will be kept with the tenant/applicant file. The person concerned has access to this file.
Complaints/Appeals Register
The Manager, Housing Services will be responsible for maintaining the Complaints and Appeals Register and monitoring progress in resolving the Complaint or Appeal.
The Executive Officer and Board will monitor progress with resolving appeals and complaints, through the reporting to the Monthly Board meetings, and take action when there are broader implications for policy and practice.
Complaints are dealt with through a two level process-
- Level 1 Informal Complaint.
- Level 2 Formal Complaint
- Stage 1 Senior Management Team
- Stage 2 Bridge Housing Board
Complaints Process
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Level 1 - Informal Complaint
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The person making the complaint (the complainant) should be directed to the appropriate Housing Manager. Complainant to explain the problem and what they would like to be done about it. The Housing Manager is to:
- Inform the complainant of Bridge Housing's Complaints and Appeals policy
- Determine whether the matter is:
- a complaint or
- an appeal or
- a dispute under the Residential Tenancies Act and advise the complainant accordingly.
For Appeals see 3.5.2 above The Housing Manager should inform the complainant about Bridge Housing's policy in that area. If the complainant is dissatisfied with the response the Housing Manager is to inform the complainant that he/she can make a formal complaint in writing or through the I Want to Complain Form. The Housing Manager should provide assistance and arrange the assistance of an interpreter through the TIS if required. |
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Level 2 - Formal complaints
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Stage 1: Senior Management Team
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When a written complaint is received, it considered by the Senior Management Team - Manager, Housing Services and Executive Officer. If the complaint is about a service provided by the Manager, Housing Services, it is to be referred to the Executive Officer. Complaints about the Executive Officer will be directed to the Board. The Senior Management Team will determine whether the matter is a complaint or an appeal or a breach of the Residential Tenancies Act. The Senior Management Team will :
- Record the complaint
- Acknowledge the receipt of the complaint in writing within two days of receiving the complaint
- Investigate and determine what action Bridge Housing will take
- Advise the Complainant in writing, of what action Bridge Housing has or will take.
Response Time: Within 21 days of receiving the written complaint Register: Complaint to be registered in Complaints/Appeals Register |
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Stage 2: Bridge Housing Board
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If the complainant is dissatisfied with the Senior Management Team's decision, they can refer the complaint to the Bridge Housing Board. The Bridge Housing Board will appoint one board member to review the complaint and make recommendation to the Board and will:
- Record the complaint
- Acknowledge the receipt of the complaint in writing within two days of receiving the complaint. ( The Executive Officer responsible)
- Investigate and determine what action Bridge Housing will take
- Advise the complainant in writing, of what action Bridge Housing has or will take.
Response Time: within eight weeks of receiving the written complaint. Register: Complaint will be registered in Complaints/Appeals Register. |
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Bridge Housing Policy and Procedures Manual: Appeals and Complaints Policy Revisions
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Document Title
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Appeals and Complaints Policy
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Approval Date
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3 July 2006
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Approval Authority
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Bridge Housing Board
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Effective Date
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3 July 2006
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Review Date
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June 2009
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Administrator
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Executive Officer
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