Further to our news that the democratic filter will now have a limited time period, after which tenants may consult the Ombudsman directly (see our blog on 2nd November 2011) Communities and Local Government minister Baroness Hanham, has explained the reasoning behind the eight week time limit:
“It allows sufficient time for a complaint to reach the local representative and for the local representative to make representations to the landlord and achieve a successful resolution to the complaint without imposing an unnecessary or onerous delay on the tenant. It might help the House if I unpick this a little further.
“First, as the clock starts at the end of the landlord’s process in our proposal, we would expect the tenant to require a little time to forward the complaint to the local representative, and we make allowance for this
Secondly, it is important to recognise that in most cases the local representative will want to review the case materials before going further and will possibly want to discuss them with the tenant.
It is key to our aim of getting local representatives more involved in housing complaints that they are given the space and opportunity to do that. If, on the other hand, the local representative concludes that the complaint cannot be resolved locally, they do not need to wait for the eight weeks to elapse.
They can at any stage refer the complaint to the ombudsman or agree to the tenant accessing the ombudsman directly.
We believe that we should trust local representatives on the ground to make this judgment and to provide effective support and advocacy on behalf of tenants.”