OMBUDSMAN
The Property Ombudsman, Chris Hamer, discusses handling complaints – the easy way.
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s The Property Ombudsman I see many complaints referred to me because the complainant feels, justifiably or not, that the
agent has not understood or addressed their concerns in the manner they were expecting. Sections 13 and 15 of the TPO Sales and
Lettings Codes of Practice set out the in-house complaint procedure all registered firms are required to have in place. These rules are designed to enable agents to manage the complaint from the day it is received to the point it is either resolved or referred to my office. During my six years as Ombudsman, many agents have informed me of their success in resolving disputes early, without referral to me, by acting in accordance with the Codes of Practice. Indeed, approximately 88 per cent of the enquiries received go on to be dealt with by the agents themselves. However, I still see numerous cases where, had the agent dealt with the matter in the appropriate way, the complainant’s grievances would have been resolved at a much earlier stage and often without my intervention. My Initial Enquires team is the first
point of contact for potential complainants. Their role is to establish if and when a complaint has been made, if the complaint falls within my Terms of Reference and at what stage, if any, the complaint is within the registered firm’s in-house complaint process. However, much of Initial Enquiries’ work consists of guiding both complainants and registered firms through the agent’s own in-house process to assist the agent to resolve the dispute itself without the need for redress. Initial Enquiries deal with more than 600 enquiries a week, yet only around eight per
44 JUNE 2012 PROPERTYdrum
cent go on to require a formal review. The large majority of disputes are resolved by agents following general guidance from the Team, or by the Team negotiating an early resolution between the parties. However, there is a perception among
some agents that when one of my Initial Enquiries Officers contacts them to advise that a complaint has been received and to establish at what stage it is in their in-house complaint process, that I have already
begun to review the matter and that my support is with the complainant. This is not the case. I do not and cannot begin my review until the dispute has completed the in-house complaint process and the agent has issued their final viewpoint letter. It is at this point that the complainant may refer the matter to me for formal consideration. Once my Office has received the Complaints Form and supporting information, the agent is provided with a
“A complaint is an expression of dissatisfaction, oral or written.”
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