Compensation Policy. Compiled by: Becci Youlden Date: 14 th September 2005 Approved by: Housing Services Committee Review dates: 09/01/08, 29/08/08

Transcription

1 Compensation Policy Compiled by: Becci Youlden Date: 14 th September 2005 Approved by: Housing Services Committee Review dates: 09/01/08, 29/08/08

2 Contents table Section Content Page 1 Introduction 3 2 Statutory Rights 3 3 Key Principles 3 4 When is compensation payable 5 5 Amounts payable for compensation 8 6 Appealing against decisions 9 7 Monitoring and Review 9 8 Compensation Procedure 9 Appendices 12 2

3 1. INTRODUCTION 1.1 Bournville Village Trust is committed to providing good quality services to all of its customers. We are equally committed to recognising that there may be occasions where we have failed to meet these standards. When this happens we will make an appropriate response to our customer. In some cases this may be an apology; in others an alternative form of recompense may be appropriate. In some cases, financial compensation may be the most appropriate response. 1.2 This policy covers circumstances when Bournville Village Trust may provide customers with financial compensation because of a failure in service delivery. It is not fully prescriptive, and does not cover all eventualities. It should be used as a tool, and the discretion of managers will be needed in some circumstances not covered in this document. 1.3 The policy meets the Housing Corporation s regulatory Guidance 2.5b which states that tenants, housing applicants and others should have access to an effective complaints and compensation policy, and complies with the Housing Corporation s Charter for Housing Associations which states a policy should be in place for dealing with individual claims for, and rights to, compensation. 1.4 This Policy applies only to matters which are capable of being dealt with entirely within its scope. For example, where there is a report of damage of greater value than can be addressed within this policy or of any personal injury, the matter should be referred to Sue McGeown, the Trust s Legal Administration Officer. 1.5 This Compensation policy is not intended to deal with matters more appropriately considered under the Community Fund 2. STATUTORY RIGHTS 2.1 This policy covers the Right to Repair. However, it does not cover tenants statutory rights to claim compensation under the Right to Improve, Home Loss payments or Disturbance payments. 3

4 3. KEY PRINCIPLES 3.1 The procedure will be fully transparent and promoted to all our customers. It is managed within agreed timescales to ensure that claims for compensation are fully investigated, and that the individual making the claim receives a reply in an acceptable period of time. 3.2 Where financial compensation has been sought by a customer, we may offer it in cases where: Following a full and detailed investigation it is clear that a service has seriously or consistently failed The fault is clearly ours, or the fault of one of our contractors Other forms of response, such as an apology, on their own are either not sufficient or appropriate. 3.3 Any claim for out-of-pocket expenses must be supported by receipts/vouchers/documents etc., otherwise no payment will normally be considered. 3.4 No payment will be made until final agreement on the level of payment has been agreed by the customer (see Appendix D). 3.5 Any offer of or actual payment made does NOT represent any acknowledgement of liability or commitment to fully compensate. 3.6 BVT will seek to recover all payments of compensation from contractors where the payment is due to their failure to provide a service in accordance with the requirements of their contracts. 3.7 We advise all our customers that they are responsible for their own possessions, carpets, fittings etc. and that we strongly recommend that insurance is taken out to protect these possessions. 3.8 If the claim relates to a resident who is in arrears, any award for compensation will be credited to the rent account in the first instance. Any credit balance remaining can then be paid to the resident. In all other instances, payment will be made by cheque. 4

5 4. WHEN IS COMPENSATION PAYABLE? 4.1 There are specific circumstances where compensation may be awarded to a customer following a request. If the claim being made falls under more than one heading, compensation will only be payable on an either/or basis, whichever is the greater. A. Damage to possessions A.1 Residents must make all reasonable efforts to ensure the safety of their property e.g., where work is taking place, any personal effects that can be moved beforehand should be stored away. Compensation for loss or damage will only be paid if all reasonable care has been taken and a request for compensation is received within two weeks of the damage being caused. A.2 The member of staff investigating the claim should personally inspect the damage. Photographs should be taken. A.3 The customer should be asked to provide a written estimate for replacing or repairing the damage so we can establish if the matter is to be considered under this Compensation Policy. A.4 Where an external contractor causes damage, the contractor s opinion of the damage will be obtained before deciding whether any payment is appropriate. BVT may obtain reimbursement of the amount from the contractor after the compensation has been offered and accepted by the customer. A.5 We will reimburse the full replacement cost of the item(s) unless an effective repair can be carried out, in either case up to a maximum of 250, on production of final invoice, B. Distress owing to service failure B.1 Compensation may be paid where, in our opinion, our service level has fallen below what would be considered satisfactory and as a result, a customer has suffered personal distress, discomfort or inconvenience. 5

6 B.2 A 15-point weighting system is used to determine the award. A weighting of up to 5 points each is given for each of the following: B.2.1 The seriousness of our mistake. For example: B B Does the claim relate to a total or partial loss of service? How fundamental is that service? B.2.2 The level of distress, discomfort or inconvenience caused. For example: B B B B Has the customer suffered loss of earnings owing to our failure? Has the customer had to make repeated calls/ visits to the Trust to resolve the problem? Has the customer suffered physical discomfort because of loss of service? Did the level of distress have a derogatory effect on the customer s life? B.2.3 The length of time suffered. B.3 Each point awarded has a value of 10, up to a maximum of 150. C. Delays in carrying out repairs C.1 The following is in line with the Housing Corporation s Right to Repair Requirements, which applies to all Registered Social Landlords. C.1.1 Where BVT fails to complete a repair by the target date specified, the tenant may notify BVT that the work has not been completed. C.1.2 The Repairs Section should give the tenant a further deadline for completing the work (maximum of three working days) and should also check the customer s availability for access. C.1.3 Failure to complete the work by the second date, having made a suitable appointment, may entitle the tenant to the following payments: 6

7 C A one-off payment of 10. C per day for each day the repair continues to be outstanding after the second time period (up to a maximum of 50). C.2 Compensation will NOT be paid for failure to carry out repairs where: C.2.1 Workmen cannot gain access to the property. C.2.2 Workmen have to order spare parts and the tenant has been kept informed. C.2.3 A variation to the works order is required with additional works needed, and the workmen/bvt have kept the tenant informed. C.2.4 Where the tenant has not provided access for inspection or to carry out the repair, having been given reasonable opportunity to do so. D. Loss of facilities D.1 Compensation may be made in the following circumstances: D.1.1 If the tenant has suffered a loss of space heating for four days or more between the months of October to March inclusive, BVT will pay 5 per day from the day it was first reported up to a maximum of 50. D.1.2 If the tenant has suffered a loss of water heating or electricity for five days or more, BVT will pay 5 per day from the day it was first reported up to a maximum of 50. (If loss noted in D.1.1 and D.1.2 is caused by the same reason, compensation may be payable at the same rate) D.1.3 In the event of a failure or non-provision of a service for which a service charge is payable, the respective proportion of the service charge will be refunded. The reduction would apply from the date the service failure was first reported to its satisfactory repair or remedy. No retrospective compensation would be payable. 7

8 D.2 Furthermore, any reasonable out-of-pocket expenses incurred as a result of the loss of essential services, such as heating or hot water, will be reimbursed. (For example, hiring heaters.) All claims must be evidenced by receipts etc. The manager dealing with the claim will need to apply some discretion as to what constitutes reasonable. Reimbursement will be made up to a maximum of 200. D.3 Note: Compensation may be paid for losses owing to the Trust s acts or omissions, but not for the loss of service which is out of the Trusts control e.g. power failure. 5. AMOUNTS PAYABLE FOR COMPENSATION 5.1 The following table provides a summary of the amounts payable for compensation: Element of compensation Amount payable Damage to possessions As per the quote, up to 250 Distress, discomfort and inconvenience caused Up to 150 maximum Delays in carrying out repairs Up to 50 maximum Loss of space or water heating, or electricity Up to 50 maximum Loss of service for which a service charge is payable As per the respective proportion Out-of-pocket expenses As per the receipts up to APPEALING AGAINST DECISIONS 6.1 If, after investigation, it is decided not to award compensation, the customer has the right to appeal. There are two stages of appeal as set out below: Stage two - Chief Executive Stage three - Appeals panel 6.2 All tenants will have the right to appeal to the Housing Ombudsman in regards to the complaint if they are unsatisfied with the response after stage three. 8

9 7. MONITORING AND REVIEW 7.1 The BIU will monitor the effectiveness and implementation of the policy to ensure that statutory requirements are adhered to, and that customers are treated fairly and equitably. This includes periodic staff training and awareness. 7.2 Housing Services Committee, Finance and General Purposes, Estate Management and Scheme, Development Committee and Trustees will receive periodic reports detailing the number of claims made, amount of compensation awarded and for what, and actions implemented to avoid a reoccurrence of the situation. 8. COMPENSATION PROCEDURE 8.1 Any request for compensation should be treated as a stage one complaint. The service failure or otherwise should be investigated, along with resolving the request for compensation. 8.2 Requests for compensation should be submitted as early as possible, and not more than one week after an incident. (However, discretion could be used in cases where, for example, the resident had been on holiday and unable to meet the one-week rule.) 8.3 The request should be recorded on a complaints form by whoever receives the request. This should then be forwarded to the relevant manager responsible for the service area. (In line with the complaints procedure.) 8.4 The request should be acknowledged within five working days, using the template letter in Appendix A, and a copy of the compensation leaflet sent to the customer. 8.5 The member of staff dealing with the request should complete a compensation proforma, which should be updated at each stage of the claim. (See Appendix B). 8.6 A thorough investigation should be conducted in line with the policy. This should include an interview/home visit with the customer and, if necessary, the collection of evidence such as photographs, receipts, documents etc. 9

10 8.7 Authorisation of the level of compensation should be sought from the department head, which should be recorded on the compensation monitoring proforma. 8.8 A written offer of compensation should be sent to the customer within 14 working days of receiving the claim unless there is good reason to delay. (See Appendix C). 8.9 The customer should provide written confirmation that they accept the amount being offered as full and final settlement of their complaint/claim against BVT before any compensation is awarded. (See Appendix D) If we are unable to offer compensation, the customer should be informed in writing within 14 working days, detailing the reasons why we are unable to make an award for payment If the customer is unhappy with the outcome of their claim, they can appeal using the stage two, three or four process as set out in the compensation policy. At each stage, a new set of paperwork should be completed When confirmation of acceptance is received and, where relevant, a rent or service charge account is clear, a cheque request should be raised for the compensation. Where a rent or service charge account has arrears, compensation paid will be credited to the resident s account When the claim has been concluded, all paper work, including a complaints final action sheet should be sent back to the Research Section for monitoring. 10

11 Ref Date APPENDIX A Name Add1 Add2 Add3 Add4 Pcode Dear <name> Thank you for your letter/call/visit of <date> involving a request for compensation under the Trust s Compensation Policy. While we will need to carry out an investigation into the circumstances described, in accordance with the established procedure, we also need to ask you to supply us with written estimates for repairing or replacing the damaged property, as this will form part of the process for establishing if the Compensation Policy is the correct mechanism for dealing with your complaint. While writing however, we would mention that if you have Household Contents Insurance, it could be in your interests to refer the matter to your own insurers as the likelihood is that your policy with them will operate more widely than and without the same financial constraints as the Trust s Compensation Policy. Please respond in writing to at Yours sincerely 11

12 APPENDIX B COMPENSATION MONITORING PROFORMA Name Address Date of request for compensation Which of the following is compensation being claimed for - (Tick as appropriate) Damage to possessions Distress, discomfort or inconvenience Delays in carrying out repairs Loss of facilities 12

13 Details of the claim (please also attach correspondence from customer and dated photographs) Amount of compensation being awarded Justification for the award Authorised by Date offer sent Written acceptance received? Rent/service charge account checked Date cheque request raised or account credited 13

14 Ref Date APPENDIX C Name Add1 Add2 Add3 Add4 Pcode Dear <name> Thank you for your letter/call/visit of <date>. I have now had the opportunity to investigate your request for compensation. Bournville Village Trust is prepared to offer you <insert amount> in compensation for the loss/damage/inconvenience/distress you have suffered. This offer is made entirely ex-gratia and without admission of liability in any respect. The compensation is offered in full and final settlement of your complaint/claim against Bounville Village Trust. In order to indicate your acceptance of these terms, please sign the form enclosed with this letter and return it to me in the attached FREEPOST envelope within the next 14 days (no stamp required.) No payment will be sent to you until we receive your written confirmation. In accordance with our compensation policy, if there are any arrears on your rent or service charge account, any compensation paid will be credited to your account to offset the arrear. If your account is clear, a cheque will be forwarded to you once we receive your acceptance form. On behalf of Bournville Village Trust I would like to sincerely apologise for <insert complaint> and hope that our apology and the compensation offer will settle this matter for you. Yours sincerely Manager 14

15 APPENDIX D SIGNED ACCEPTANCE OF OFFER OF COMPENSATION Your Name: Your address: I acknowledge receipt of the offer of compensation for < > I understand that this offer is made by Bournville Village Trust entirely ex-gratia and without admission of liability in any respect. I confirm my acceptance of the compensation offered as full and final settlement of my claim arising out of the circumstances to which this claim relates. I am aware that I can take legal advice and *I have done so/ *I have chosen not to do so. *please delete as appropriate Signature: Date: 15