What happens if I have a complaint against a scheme member?
Essentially, there are three steps to the complaints procedure for the scheme. Not all complaints will need all three stages, but they are detailed below.
Stage 1
The scheme operator will take appropriate action to protect the integrity of the scheme. The scheme first seeks that the parties to a negotiation - landlord and occupier - try to resolve any complaints amongst themselves. That is why one of the scheme rules is for the landlord to have a written complaints procedure, and a named contact in their firm that will deal with complaints.
Stage 2
If the occupier remains unsatisfied, and there has been a breach of scheme rules, the complaint should be taken up with the scheme operator.
The scheme operator is happy to discuss queries about the complaints procedure on the phone, but will only accept complaints sent in writing -posted, faxed or emailed. A complaint in writing should cover the following:
- The name of the scheme member against which the complaint is being made
- A short outline of the complaint
- Any supporting evidence and a brief outline of what it is
- The contact details of the person making the complaint
When a complaint is received by the scheme operator, it will be acknowledged and a caseworker assigned, who will look into the details and keep the complainant informed of progress.
If the caseworker believes a minor breach of the scheme rules has occurred, he/she has the delegated authority of the scheme's Standards Board to apply minor sanctions. If it is considered a more serious breach has occurred, it will be referred to the scheme Standards Board (see stage 3).
If either the complainant or scheme member are unsatisfied with the decision of the caseworker at stage 2, they also have the right to appeal the decision to the Standards Board (see stage 3).
Stage 3
Serious breaches of the scheme rules and appeals will be decided by the scheme Standards Board. This comprises 10 Board members - an independent chairman, 3 landlord representatives, 3 occupier representatives, and three independent representatives. Not all 10 Board members will sit for each complaint, but proportionately, there will always be the same number of landlord, occupier and independent representatives, bar the chairman.
The Board will normally base its findings on written evidence, but may call on the parties to give oral testimony in very serious cases.
Full details of the complaints and disciplinary procedures for the scheme can be found in the scheme manual.
