The New Homes Ombudsman Service (NHOS) and the Housing Ombudsman (THO) have joined forces through a Memorandum of Understanding (MoU). MoU aims to outline the functions of each organisation and establish clear protocols for cooperation and communication, ensuring clarity in the handling of complaints.
Key Objectives of the MoU
Clarification of Roles and Jurisdictions: The MoU outlines the responsibilities of NHOS and THO to prevent any overlap and confusion regarding complaint handling.
Commitment to Cooperation: Although not legally binding, both parties promise to comply to the MoU’s provisions, ensuring staff are informed and responsibilities are understood.
Public Accessibility: The MoU will be publicly accessible on both NHOS and THO websites, promoting transparency.
New Homes Ombudsman Service (NHOS):
- Purpose: NHOS was established to address gaps in redress for new build home owners, including freeholders and private leaseholders. It operates under the New Homes Quality Board (NHQB) and is expected to eventually gain statutory status.
- Jurisdiction: NHOS handles complaints related to the New Homes Quality Code, which applies to developers registered with NHQB.
- Operational Structure: The Dispute Service administers NHOS, with decisions made by the New Homes Ombudsman or delegated casework staff. NHOS is independent of the housebuilding sector and funded by a levy on developers.
- Who Can Complain: Freehold and private leaseholders of new homes from registered developers. Complaints about social landlords developing new homes for non-freehold sale fall under THO’s jurisdiction.
Housing Ombudsman (THO):
- Purpose: As outlined in the Housing Act 1996, THO provides independent dispute resolution for social housing tenants and others in landlord-tenant relationships with member landlords.
- Jurisdiction: THO handles complaints involving social landlords, managing agents, and some private landlords, resolving disputes, and promoting effective landlord-resident dispute resolution.
- Operational Structure: THO operates as a corporation sole, with responsibilities vested in the Housing Ombudsman. The service is funded by fees from member landlords.
- Who Can Complain: Social housing tenants, leaseholders, shared owners, and applicants for properties owned or managed by member landlords. Freeholders of their homes are excluded and referred to NHOS.
Collaborative Framework
- Communication and Information Sharing: NHOS and THO will discuss mutual interests and share insights and data. Each organisation will designate a single point of contact to facilitate operational communication.
- Handling Misdirected Complaints: Complaints received by the wrong party will be redirected to the appropriate organisation with the complainant’s consent and clear explanations provided.
- Non-Jurisdictional Complaints: Complaints outside the jurisdiction of both NHOS and THO will be advised on alternative avenues for redress.
- Unclear Jurisdiction: When jurisdiction is initially unclear, enquiries will be made to determine the appropriate party. If a complaint’s jurisdiction shifts during an investigation, it will be referred to the correct organisation.
- Joint Jurisdiction: In rare cases where both parties’ jurisdictions overlap, a collaborative approach will be agreed upon to address the complaint effectively. New complaint categories engaging both jurisdictions will prompt consultation and potential MoU revisions.
Information Sharing Protocols
- Data Protection: Personal information will be shared between NHOS and THO only with the complainant’s explicit consent, complying with the Data Protection Act 2018 and GDPR.
- Privacy Notices: Detailed privacy notices are available on NHOS and THO websites.
NHOS and THO will periodically review joint working practices to promote better understanding and effective referrals. The MoU’s operation will be reviewed every three years or following significant legislative, policy, or practice changes.