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Always use the complaints procedure unless you are challenging a homelessness decision or the Housing Executive are trying to end your introductory tenancy.
If the Housing Executive doesn't change the decision you may be able to complain to the Ombudsman or apply for a judicial review.
When should I use the complaints procedure?
You should use the complaints procedure if you are unhappy with a decision, work or the behaviour of the Housing Executive. For example:
- the Housing Executive doesn't deliver a service on time;
- the Housing Executive gives you incorrect, or not enough information;
- the Housing Executive gives you poor quality service;
- you believe that your case has not been dealt with properly;
- you have a complaint about a member of staff.
You shouldn't use the complaints procedure if you are appealing a homelessness decision or the Housing Executive is trying to end your introductory tenancy.
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I have a complaint - what should I do?
It is usually best to try and sort out your problems quickly and locally. Contact your District Office to explain your problem. You can either telephone or write to your District Office. The staff at the District Office should try and deal with your problem as quickly as possible.
If the District Office isn't able sort out the problem, you can then use the internal complaints procedure. Find out which office has responsibility for your problem.
Housing problems (repairs, rehousing, housing benefit, neighbours or scheme related work)
Contact the Area Manager at your Area Office.
Grants
You should contact the Grants Manager for your area.
Buying or selling your house or land
You should contact the Land and Property Manager for your area.
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What should I put in my complaint letter?
Give as much detail as possible in the letter. If you can think of any new evidence that might help your case make sure that you include it. This could be an important detail you forgot. Keep a photocopy of your letter.
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First stage complaint
Send your complaint letter to the appropriate manager. State clearly:
- why you are complaining about the decision;
- why the Housing Executive should have decided the case differently.
You should receive a letter acknowledging your complaint within 3 working days. You should receive a letter telling you the Housing Executive's response within 15 days. This response should answer all the points you raised in your letter. The letter should also inform you that you have a right to a second complaint.
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Second stage complaint
If you are not satisfied with the Housing Executive's response you can start a second complaint. Your second complaint letter should state why you are challenging the Housing Executive's decision. The letter should state:
- how the case was decided wrongly;
- circumstances the Housing Executive failed to take into account.
Explain any circumstances that support your complaint in detail. Include any new evidence that may help your case. You may want to contact an advice agency to help you write your second complaint letter.
Send your second complaint letter to:
The Chief Executive
The Housing Centre
2 Adelaide Street
Belfast BT2 8PB
You should receive a letter acknowledging your complaint within 3 working days. You should receive a letter telling you the Housing Executive's response within 15 days. This response should answer all the points you raised in your letter. The letter should also inform you that you have a right to complain to the Ombudsman if you are not satisfied.
You can also try to get the decision changed by judicial review. However, you will need a solicitor to help you. It is expensive and you may not recover your costs even if you are successful.
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Complaining to the Ombudsman
The Ombudsman can look at the way the Housing Executive processed your application. The Ombudsman can check that the Housing Executive acted fairly and followed the correct procedures. You can apply within 12 months of a decision.
You should complete the Housing Executive's appeal process before complaining to the Ombudsman. The Ombudsman can't investigate your complaint if you have applied for a judicial review of the decision.
You can apply directly to the Ombudsman but you may find it useful to get help you with your complaint. Advice is available from Housing Rights Service, your local Citizens Advice Bureau or a local advice agency.
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Judicial review
Judicial review is legal action that can be used to challenge decisions made by public bodies like the Housing Executive. It is used to challenge the way that decisions are made, not the actual decisions themselves. If you want to use judicial review you must get permission from the High Court within three months of the second stage complaint decision.
Judicial review is a complicated process and you should get advice if you are considering this option. You will need to get a solicitor and it can be expensive. You may not recover your costs even if you are successful.
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Appealing Housing Benefit And Rates (
