Newport City Homes Compensation Policy (P5)

Transcription

1 Newport City Homes Compensation Policy (P5) P5 Compensation policy

2 1. Introduction 1.1 Newport City Homes is committed to providing the best possible service at all times. 1.2 Newport City Homes recognises that in certain circumstances financial compensation should be paid to residents. 1.3 This policy sets out Newport City Homes approach to making payments of compensation to residents to ensure the consistent and fair treatment of all claims. 1.4 The term resident used in this policy applies to all tenants, leaseholders and shared owners of Newport City Homes. 1.5 All policies have been developed jointly by members of the Board, Tenants Panel and staff. 2. Policy statement 2.1 Newport City Homes will normally only consider making a payment of compensation to residents where financial loss, damage, unreasonable delay or major disruption has occurred. 2.2 Residents also have a right to claim compensation under the Right to Repair and The Right to Compensation for Improvements. Arrangements for claiming compensation under these contractual rights are detailed in the Repairs and Maintenance policy. 2.3 Newport City Homes will not consider claims for compensation where: Service failure is due to interruptions in gas, electricity or water supplies which are the responsibility of the utility companies The loss or damage is the fault of the resident, a member of their family or a visitor to their home, including the failure to report repairs or allow access to the home The loss or damage is due to acts or negligence by a third party The loss or damage is caused by another resident or neighbouring occupier, for example a leaking washing machine Service failure is the result of extreme or unforeseen conditions (such as weather conditions) where Newport City Homes has taken all reasonable steps to restore services or facilities under the prevailing conditions 2.4 Newport City Homes has liability insurance, which may make a payment if a resident suffers loss or personal injury due to negligence. In such cases the claim should be referred to Newport City Homes insurance providers. P5 - Compensation policy 2

3 2.5 This compensation policy does not apply where a resident has made a claim for compensation via the Independent Housing Ombudsman. In such cases Newport City Homes will, where appropriate, pay compensation as recommended by the Ombudsman. 2.6 Each claim for compensation will be considered on an individual basis, taking into account the circumstances of the resident involved. 2.7 Where an offer of compensation is made, it will be on the basis that Newport City Homes does not accept any legal responsibility but is making the offer as a gesture of goodwill. 2.8 Newport City Homes will produce a compensation leaflet which will provide additional guidance to residents on the circumstances in which they may be entitled to claim compensation. 3. Principles of the policy 3.1 Where appropriate, Newport City Homes will offer a fast, positive response to a claim for compensation that has been received. 3.2 The level of payment will depend upon the individual circumstances of each case, and will be linked to the extent of the loss or damage incurred. 3.3 Compensation for loss or damage 3.4 In such cases, compensation will be assessed objectively against actual loss incurred. Any decision to award compensation will have regard to the following: Any financial loss directly linked to the service failure Any costs incurred were reasonable in the circumstances All reasonable action was taken to minimise the loss or damage Assessments related to inconvenience or distress should have regard to the length of period involved and the severity of the distress 3.5 Damage to possessions/decorations 3.6 Newport City Homes may need to inspect the items claimed for and if the damaged items are not kept for inspection then compensation may be refused. 3.7 Compensation will be based upon the original cost of the items depreciated over the life of the item. If receipts are not available then a reasonable estimate will be made. P5 - Compensation policy 3

4 3.8 General failure to provide a service/resolve a problem 3.9 Newport City Homes may inadvertently cause distress or inconvenience by failing to respond to an issue or take appropriate action in response to a complaint from a resident. In these cases, a form of good will payment may be offered Each claim of this type will be considered, being mindful of the particular circumstances of the claim. 4. Relevant legislation and regulatory compliance 4.1 Newport City Homes will ensure that compensation payments are made in accordance with best practice and relevant policy and legislation, including the following: Tenancy agreement Residents handbook Housing Acts 1985, Process for claiming compensation 5.1 Claiming compensation for costs 5.2 Residents who believe they are entitled to compensation for costs they have incurred in accordance with this policy should make a claim within 28 days from when the event or loss occurred. 5.3 The claim should set out the reasons for claiming compensation. The claim should be supported by evidence of any costs that may have been incurred. 5.4 All claims will be acknowledged within three working days of the claim being made and a full response sent within 28 days. If it is not possible to reach a decision within 28 days the resident will be advised of the reason why and given a revised target date for a decision to be made. 5.5 If the resident is not satisfied with the response to their claim then they can pursue the matter through Newport City Homes complaints policy. 5.6 Claiming compensation for poor service provision or major disruption 5.7 Where a resident is claiming compensation for poor service provision or major disruption, this will firstly be investigated under Newport City Homes complaints policy. If the complaint is upheld, Newport City Homes may consider making a payment of compensation as a goodwill gesture. P5 - Compensation policy 4

5 5.8 Newport City Homes may also consider making a payment of compensation to residents without a complaint having being made, where it is satisfied based on the information it holds that an offer of compensation is appropriate. 6. Risk implications 6.1 A good landlord acknowledges when mistakes have been made and takes all necessary steps to rectify the problem and ensure that similar problems do not occur in the future. 6.2 If payments of financial compensation in recognition of poor service are not made, this will have a negative impact upon the reputation and image of Newport City Homes, leading in turn to a loss of public confidence. 7. Financial Implications 7.1 The Board will need to set an annual budget for paying compensation to residents under this policy. 8. Equality Implications 8.1 Newport City Homes is committed to giving an equal service to all. Any action taken under this policy will comply with current equalities legislation. 8.2 Newport City Homes staff will operate within the Equality and Diversity Policy and seek to address any specific needs which may arise in respect of ethnic minorities, people with disabilities, the elderly or vulnerable residents. 8.3 Newport City Homes will in all reasonable circumstances make information available in a variety of information formats, including: large print audio tape community languages 9. Welsh Language Implications 9.1 Newport City Homes recognises the right of people to conduct their business through the medium of Welsh. 9.2 Newport City Homes will meet the requirements of the Welsh Language Act 1993 and offer a choice of using English or Welsh when communicating with Newport City Homes. P5 - Compensation policy 5

6 10. Resident Participation Implications 10.1 Newport City Homes believes that residents should be awarded financial compensation where the quality and effectiveness of the services delivered have been below standard Newport City Homes will provide performance information to residents so they can measure and evaluate the quality and effectiveness of the services delivered Newport City Homes will listen to residents views at every opportunity to enable continuous improvements to services, in line with its Resident Participation Strategy. 11. Policy monitoring 11.1 To help achieve our aim of being a continuously improving organisation and to ensure that we meet all statutory obligations, Newport City Homes has systems and processes in place which allow us to monitor and evaluate our performance The Board and City Wide Residents Panel will receive quarterly updates detailing the following information: Number of claims for compensation received Number of claims for compensation agreed Amount of compensation agreed per claim Total amount of compensation agreed 11.3 Newport City Homes will benchmark its performance against other similar housing associations with the aim of achieving continuous improvement and to ensure compliance with best practice. 12. Links to other relevant policies/documents 12.1 This policy links closely with the following policies and documents: Compensation leaflet Complaints policy Confidentiality policy Repairs and maintenance policy Resident Participation Strategy P5 - Compensation policy 6

7 13. Review 13.1 This policy will be reviewed by the Board every three years unless there is a change in legislation. 14. Approvals Date approved by the Tenants Panel: 4 th March 2008 Date approved by the Board: 2 nd September 2008 Date for review of the policy: Responsible post: P5 - Compensation policy 7