Bunker Self-Build Housing Co-operative Limited

20 Plumpton Road, Brighton.

BN29YL

Privacy policy

Bunker Housing Co-operative Privacy Policy in accordance with the Data Protection Act 1998

Bunker Housing Co-operative Limited is committed to protecting and respecting your privacy. Please read the following carefully to understand our practices regarding your personal information and how we will treat it. Bunker Housing Co-operative Limited is the Data Controller for the Purposes of the Data Protection Act

Reasons/purposes for processing information

We process personal information to enable us to meet our contractual obligations, to provide housing management, manage our finances, raise and manage loan stock and donations, to maintain our accounts and records and to support and manage our membership.

If we are holding data on a person for the basis of future contact and updates (such as a mailing list) a person must consent to this and can ask us to alter or remove data from our systems at any point.

If we are in a contractual relationship with someone, such as a lender, we must store essential data for the length of that contractual relationship and to fulfil any obligations, including those to HMRC.

Type/classes of information processed

We process information relevant to the above reasons/purposes. This may include:

• personal details

• financial details

• employment and education details

• goods or services provided

We also process sensitive classes of information that may include:

• physical or mental health details

• racial or ethnic origin

• religious or other beliefs of a similar nature

• trade union membership

Who the information is processed about

We process personal information about our:

• membership

• customers and clients

• suppliers and services providers

• advisers, consultants and other professional experts

• complainants and enquirers

• investors and donors

How long will information be kept

In the case of members: most cases flat files will be kept for seven years after a tenancy ends but employment information is currently kept indefinitely so that historic queries about tax, NIC etc paid may be resolved if necessary in the future.

For lenders: information, such as bank details, will be kept as long as the loan agreement, and for seven years afterwards. Other records, including records of payments will be kept indefinitely.

Who the information may be shared with

We sometimes need to share the personal information we process with the individual themselves and also with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act (DPA) and GDPR. Any information regarding loan stock and donations will be anonymised before being shared with other organisations, apart from our accountant and HMRC (if interest payments are £250 or over a year, or if the lender resides outside the United Kingdom).

We will not give information about you to anyone outside the Company or LA without your consent unless the law and our rules allow us to.

Your rights

You have the right to be informed about how we use or process your information. You also have the right to object to the use of your information, to request a copy of the information we hold about you in a portable format, to ask us to rectify any inaccurate information and to request erasure of your information. You can exercise these rights at any time by contacting us.

Changes to our privacy policy

If we make any changes to our privacy policy in the future we will notify you by email.

Complaints Policy

Working Together to Manage Conflict and Complaints Policy and Procedure

July 2023

Related policies and procedures

This document should be read alongside Bunker’s other following policies and documents:

• Bunker’s Rules

• Anti-Social Behaviour Policy and Procedure

• Equality and Diversity Policy and Procedure

• Membership Policy and Procedure

• Probity and Anti-Bribery Policy and Procedure

• Safeguarding Policy and Procedure

And also the legislative and regulatory requirements and accepted good practice listed below:

• The Regulator of Social Housing’s Tenant Involvement and Empowerment Standard

• Housing Ombudsman Service Complaint Handling Code 

Bunker Housing Co-operative members have access to all of Bunker’s policies and other documents via its Google Drive. Non-members can contact bunkerselfbuild@gmail.com

1. Managing Conflict

1.1 Policy’s Purpose and Scope

1.2 Bunker wishes to create a community in which people feel safe, respected and listened to. The Co-operative shares the values of self-help, self-responsibility, democracy, equality, equity, and solidarity. The Co-operative believes in the ethical values of honesty, openness, and social responsibility. 

2. Guidelines for conflict resolution

2.1 If a member is experiencing conflict with another member, attempts should be made to nip it in the bud through that member talking to someone such as a peer, friend, neighbour or another member of Bunker. It is often less destructive to resolve issues of conflict as soon as possible without allowing them to escalate. Share the stress, bounce ideas around.

2.2 If appropriate, members should arrange to meet with the other party, along with an objective third party, or one of the above, to negotiate and discuss informally the issues causing concern. Try to say the change that you would want, and why.

2.3 Bring it to a general meeting (ideally in person or send a short statement).

2.3.1 At the general meeting, give people a space to talk about it and listen. Everyone should be given an opportunity to suggest ways of resolving the issue.

2.3.2 A witness will be allocated (one per conflict). The people at the meeting where a conflict is first raised should nominate a person they believe would be as neutral as possible to be a ‘witness’ to the conflict resolution process. The witness should keep a record of the things that happened, the dates key things happened and any correspondence relating to the conflict. They should bring these to general meetings/send them to meetings if they cannot attend. The witness should not be required to keep things confidential. If it has been brought to the Co-operative as a conflict requiring its attention the matter should be considered Co-operative business, even if it’s to report that someone would ‘rather not say’. If the conflict is ‘member against Co-operative’ or ‘Co-operative against member’, it may need a witness from outside.

2.3.3 It will be decided at this meeting if the conflict is in relation to conduct which is potentially detrimental to the interests of the Co-operative. If so, that member may be expelled by a resolution carried by the votes of two-thirds of the members present and voting at a general meeting of the Co-operative of which due notice has been given, provided that the process has been dealt with in accordance with rule 18 of Bunker’s Rules. 

2.4 At the next general meeting there will be:

2.4.1 An update from the witness who was allocated at the last meeting. Is the conflict resolved?

2.4.2 If not, the meeting needs to decide if the Co-operative will offer the option of mediation before arbitration (2.6). Both parties must then be willing to go to mediation. If Bunker decides not to offer mediation or one or both parties is not willing to go to mediation, the conflict should then go to arbitration.

2.5 Mediation 

2.5.1 Mediation is facilitated negotiation within a structured framework, carried out either informally with one or more other Co-op members, or by an external party (e.g. The Brighton & Hove Independent Mediation Service - BHIMS). This is a voluntary and confidential process, and anything discussed cannot then go on to form the basis of legal proceedings, unless someone is at risk.

2.5.2 Mediation needs those undertaking it to have an open mind on the outcome, and to be willing to seek compromise with the other party. Mediators create a safe space for issues of conflict to be explored, and to enable parties to hear each other. This can often reveal new thoughts and feelings about the matter and can pave the way for resolution.

2.5.3 If mediation has not led to resolution within 3 months, the conflict will then go to arbitration.

2.6 Arbitration 

2.6.1 An Arbitration Meeting is called in the event of a grievance in which those involved cannot resolve their differences and places the resolution of the grievance in the hands of the Co-operative. A solution will be voted on at the Arbitration Meeting, and the following process will be applied:

• The witness will inform the Secretary (or Chair if not available) that they need to convene an Arbitration Meeting to settle the grievance. All members will be invited to attend. A summary of the issues and the names of relevant parties will be included with the notice. General Meeting procedures (majority voting, minutes, etc.) will be followed.

• The Arbitration Meeting should be called within 14 days of the request and held at a suitable venue. An external facilitator may be engaged.

• Members can have someone representing them at any stage of the proceedings.

• The Chair or their deputy will provide a summary of the grievance.

2.7 Procedure for Arbitration Meeting

2.7.1 Each member involved in the grievance is given up to 15 minutes of uninterrupted time to state their case. A Talking Stick can be used at this point and no one will be assumed to have finished talking until they have handed on the Stick, or the 15 minutes have elapsed. The order of speaking will be determined by drawing names.

2.7.2 After each disputant has spoken, each may choose whether to answer.

2.7.3 If acceptable, questions by members may then be asked by those who wish it.

2.7.4 The members then discuss the matter put before them and the disputants may choose to remain or not but may not speak unless directly questioned.

2.7.5 The members should try to reach a decision within a suggested time limit (perhaps one hour) on the resolution of the matter. A paper ballot will be used.

2.7.6 If the disputants reject the decision, they can call a second Arbitration Meeting. In such an eventuality the disputants must accept a majority decision.

3. Grievances

3.1 Co-operative against member

3.1.1 This section concerns disputes arising from the Co-operative's grievance against a member. There are two categories of such grievance, namely breach of the Tenancy Agreement and breach of the Registered Rules. Please see Tenancy Agreement, Anti-Social Behaviour Policy and Bunker’s Rules for more information on what may constitute a breach. 

3.1.2 Any member who becomes aware that there is a case of Co-operative against another member, should follow the process. This is to try and allow easy resolutions in the first instance. Mediation will not be offered, however, and instead of arbitration a Special General Meeting should be called if the initial process fails to resolve the issue.

3.1.3 Procedure for the Co-operative against member in a Special General Meeting (SGM)

3.1.3.1 The member must be informed by the Secretary in writing one month before the SGM takes place of the precise nature of the Co-operative’s complaint against them.

3.1.3.2 The Co-operative will elect a representative from the membership to speak on its behalf. The representative will be a relevant person who should know the details of the case e.g. if the complaint is concerning rent arrears a suitable person would be the rent officer.

1. The member can seek representation and/or external or internal advice.

1. At the SGM the following procedure will be followed:

• The Co-operative will state the charge and call forward evidence as required.

• The member or their representative will state their case.

• Questions and open discussion will take place if applicable.

• A vote will be taken by the membership whether to issue a Notice To Quit.

• If the proposal is passed the SGM shall instruct the officers of the Co-operative to initiate legal proceedings to seek repossession of the accommodation.

• The Tenant cannot be made to leave the accommodation until the Co-operative has obtained an order in the County Court.

3.2 Member against Co-operative

3.2.1 This section concerns disputes arising from a member’s grievance against the Co-operative. If this happens the member must inform the Secretary in writing of the precise nature of their grievance. Such grievance may be the perceived failure of the Co-operative to fulfil its duties as a Landlord as defined in the Tenancy Agreement, or the perceived failure of the Co-operative to fulfil its obligations as a Society as defined in the Registered Rules.

3.2.2 In the event of continued dissatisfaction the member can call an SGM using the usual procedure for calling Special General Meetings (See Model Rules).

3.3 Procedure for member against Co-operative SGM

3.3.1 A General Meeting of the Co-operative will choose a representative from the membership to speak on the behalf of the Co-operative.

3.3.2 The member states their charge against the Co-operative, with the help of a representative if they wish.

3.3.3 The Co-operative states its response.

3.3.4 Questions and open discussion may take place if applicable.

3.3.5 If the member has exhausted the Co-operative’s Complaints Procedures and still cannot gain satisfaction, they can be advised by the Chair of the Co-operative how to take the matter further, e.g. to the Housing Association Ombudsman.

4. Acceptable behaviour contracts

4.1 Acceptable behaviour contracts are a tool that might be useful to us, for example, in an arbitration meeting. All parties must agree to it and the consequences of breaking the contract should be set in advance.

5. Contributing to the Co-operative 

5.1 The Co-operative respects that people have different capacities for contributing to the running of the Co-operative. People should contribute in any way they can. If someone has not completed a task they said they would complete, it would be best if they could be as honest as possible about this, and that other members encourage open honesty.

5.2 When someone disengages completely from the Co-operative (not attending meetings, carrying out a role, completing tasks they say they will do, or sending apologies or e-mails to explain) for 3 months or more, someone will be nominated to go and speak to them, or contact them in any way they can. The person nominated will give an update at the next general meeting. At this meeting it will be decided if there are extenuating circumstances, or if it constitutes a conflict of the Co-operative against the member.

6. Complaints and Compliments

6.1 Policy’s Purpose and Scope

6.2 The Co-operative encourages feedback, both positive and negative, from its members and tenants, as part of its commitment to ensuring that its activities and services are delivered to the standards that it has set.

6.3 This policy will apply to any complaint or compliments across all of its activities and services.

6.4 Defining a complaint

6.4.1 A complaint is defined as ‘an expression of dissatisfaction, however made, about the standard of service, actions or lack of action by the organisation, its own staff, or those acting on its behalf, affecting an individual resident or group of residents.’ 

6.4.2 Service requests are different to complaints. A service request is a request from a tenant to the Co-operative requiring action to be taken to put something right. A complaint should be raised

when the resident raises dissatisfaction with the response to their service request, while also recognising that as a Co-operative tenants also have responsibility as the Co-operative.

6.5 The Co-operative will look to learn from complaints and to consider whether positive feedback on one particular aspect of its work might be transferable to any other of its activities and services.

6.6 Its aim is to address complaints effectively and efficiently, and ensure that they are resolved promptly, politely and fairly.

6.7.1 For the purposes of this policy a complaint is considered to be raised where a member or a tenant raises a concern about:

• The quality of a service provided.

• The attitude or behaviour of a member, a contractor or any third party acting on the Co-operative’s behalf.

• A decision made that is not in accordance with one or more of the Co-operative’s policies.

6.8 There are some circumstances where a matter may not be accepted as a complaint:

• The issue giving rise to the complaint occurred over six months ago – apart from complaints concerning safeguarding or health and safety issues.

• Legal proceedings have started – details of the claim, such as the Claim Form and Particulars of Claim, having been filed at court.

• Matters that have previously been considered under this complaints policy.

6.9 If the Co-operative decides not to accept a complaint, a detailed explanation must be provided to the person making the complaint setting out the reasons why the matter is not suitable for the complaints process and the right to take that decision to the Ombudsman.

7. Policy’s Aims 

7.1 The aim is that the Co-operative’s Officer receiving the complaint:

• views the issue raised from the complainant’s point of view;

• responds to and takes prompt action to put matters right;

• quickly escalates any serious complaint to the Chair and the rest of the Co-operative; 

• ensures that the complainant is kept informed of the action that the Co-operative is taking to resolve the issue.

8. Guidelines

8.1 The Co-operative will ensure that each complaint is fully investigated.

8.2 When a complaint is made, it must be acknowledged and logged at stage one of the complaints procedure within five days of receipt, with the process beginning within 1 month of the complaint being made. The Co-operative will set out its understanding of the complaint and the outcomes the resident is seeking. If any aspect of the complaint is unclear, the complainant must be asked for clarification and the full definition agreed between both parties.

8.3 Any complainant has the right to ask for reasonable adjustments in line with the Equality Act.

8.4 Complainants will be given the opportunity to have a representative deal with their complaint on their behalf, and to be represented or accompanied at any meeting where this is reasonable.

8.5 The Co-operative will be clear where a desired outcome is unreasonable or unrealistic.

8.6 The Co-operative will treat a complaint as a learning opportunity.

8.7 The Co-operative will seek sufficient, reliable information from all parties involved so that fair and appropriate findings and recommendations can be made.

8.8 Any member who is the subject of the complaint, must also be given a fair chance to:

• set out their position

• comment on any adverse findings before a final decision is made.

8.9 A full record will be kept of the complaint, any review and the outcomes at each stage. This must include the original complaint and the date received, all correspondence with the complainant, correspondence with other parties and any reports or surveys prepared.

8.10 Regardless of the outcome of the complaint, the Co-operative wants the complainant to feel that they were listened to and that is understood why the concern had been raised.

9. Procedures 

9.1 Complaints can be expressed in writing to the Co-operative’s registered address, by email to bunkerselfbuild@gmail.com or directly to one of the Co-operative’s Officers. As a small Co-operative, all members can be considered part of the complaints officer team.

9.1.1 For complaints about repairs or maintenance – contact the Maintenance Officer.

9.1.2 For complaints about rent, or financial matters – contact the Treasurer.

9.1.3 For complaints about meetings or governance issues – contact the Secretary.

9.1.4 For complaints related to membership or interviews – contact the Membership Officer.

9.1.5 For all other complaints – contact the Chair.

9.2 The person handling the complaint on behalf of the Co-operative must take measures to address any actual or perceived conflict of interest.

9.3.1 Where a complaint is about the Co-operative not delivering on a promised action, such as not undertaking a repair within its target date, then its focus will be on resolving the matter as quickly as possible, and checking that the complainant is satisfied with the outcome.

9.3.2 Where a complainant is not satisfied by the Co-operative’s initial response, then the individual can formally register a complaint and bring it to a General Meeting, along with any proposals for how it can be resolved.

9.4 Where the Co-operative received any feedback following the resolution of a complaint, it will consider whether any amendments are required either to this or another policy.

9.5 Where the Co-operative is in receipt of a complaint against a member pertaining to their conduct potentially being detrimental to the interests of the Co-operative, that member may be expelled. See Bunker’s rules, paragraph 18 for more on this. 

10. Complaints about maintenance works

10.1 If a tenant feels that a requested repair has not been carried out properly or if it has not been carried out by the target date, then the Co-operative’s Maintenance Officer should be contacted.

10.2 A tenant should not complain directly to the contractor. 

10.3 If the tenant is not satisfied by the Co-operative’s response or the result has not had the desired outcome, the resident should raise this matter at a General Meeting. 

10.4 At any time during the process, a tenant is entitled to raise a formal complaint to Bunker. At which point the matter will be dealt with as a grievance in accordance with the Co-operative’s Managing Conflict policy and procedures outlined in this document.

11. Raising a formal complaint

11.1 If a member or tenant wishes to raise a formal complaint, then this can be done at any time. 

11.2 Any complainant has the right to have their complaint made by a representative provided that the Co-operative can verify that the complainant has genuinely appointed that representative before dealing with them, or to be accompanied by a representative.

11.3 To raise a complaint a complainant should contact any of the Co-operative’s Officers by post or email and say that they would like to raise a formal complaint.

11.4 Complainants need to be aware that the Co-operative officers are volunteers.

12. Stages of the complaint process

12.1 Stage 1

12.1.1 The Co-operative must respond to the complaint within 1 month of the complaint being logged. This time should not exceed without good reason.

12.1.2 If an extension beyond 1 month is required to enable the Co-operative to respond to the complaint fully, this should be agreed by both parties.

12.1.3 Where agreement over an extension period cannot be reached, the Co-operative will provide the Housing Ombudsman’s contact details so the resident can challenge the Co-operative's plan and/or proposed timeliness.

12.1.4 Where the problem is a recurring issue, the Co-operative should consider any older reports as part of the background to the complaint if this will help to resolve the issue for the resident.

12.1.5 A complaint response must be sent to the complainant when the answer to the complaint is known, not when the outstanding actions required to address the issue are completed. Outstanding actions must still be tracked and actioned expeditiously with regular updates provided to the resident.

12.1.6 The Co-operative will address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.

12.1.7 Where complainants raise additional complaints during the investigation, these should be incorporated into the stage one response if they are relevant and the stage one response has not been issued. Where the stage one response has been issued, or it would unreasonably delay the response, the complaint should be logged as a new complaint.

12.1.8 The Co-operative will confirm the following in writing to the resident at the completion of stage one in clear, plain language:

• the complaint stage

• the complaint definition

• the decision on the complaint

• the reasons for any decisions made

• the details of any remedy offered to put things right

• details of any outstanding actions

• details of how to escalate the matter to stage two if the resident is not satisfied with the answer

12.2 Stage 2

12.2.1 If all or part of the complaint is not resolved to the complainant’s satisfaction at stage one it must be progressed to stage two, unless an exclusion ground now applies. In instances where the Co-operative declines to escalate a complaint it must clearly communicate in writing its reasons for not escalating as well as the complainant’s right to approach the Ombudsman about its decision.

12.2.2 On receipt of the escalation request, the Co-operative will set out its understanding of issues outstanding and the outcomes the resident is seeking. If any aspect of the complaint is unclear, the complainant must be asked for clarification and the full definition agreed between both parties.

12.2.3 The Co-operative must only escalate a complaint to stage two once it has completed stage one and at the request of the complainant.

12.2.4 The person considering the complaint at stage two, must not be the same person that considered the complaint at stage one.

12.2.5 The Co-operative must respond to the stage two complaint within 1 month of the complaint being escalated. This time should not exceed without good reason.

12.2.6 If an extension beyond 1 month is required to enable the Co-operative to respond to the complaint fully, this should be agreed by both parties.

12.2.7 Where agreement over an extension period cannot be reached, the Co-operative should provide the Housing Ombudsman’s contact details so the resident can challenge the Co-operative’s plan for responding and/or the proposed timeline.

12.2.8 The Co-operative must confirm the following in writing to the resident at the completion of stage two in clear, plain language:

• the complaint stage

• the complaint definition

• the decision on the complaint

• the reasons for any decisions made

• the details of any remedy offered to put things right

• details of any outstanding actions and

• details of how to escalate the matter to the Housing Ombudsman Service if the complainant remains dissatisfied.

13. Putting things right

13.1 Where something has gone wrong the Co-operative will acknowledge this and set out the actions it has already taken, or intends to take, to put things right. These can include:

• acknowledging where things have gone wrong

• providing an explanation, assistance or reasons

• apologising

• taking action if there has been a delay

• reconsidering or changing a decision

• amending a record

• providing a financial remedy

• changing policies, procedures or practices.

13.2 The Co-operative will look beyond the circumstances of the individual complaint and consider whether anything needs to be ‘put right’ in terms of process or systems to the benefit of people who come into contact with the Co-operative.

13.3 The remedy offer will clearly set out what will happen and by when, in agreement with the complainant where appropriate. Any remedy proposed must be followed through to completion.

13.4 In some cases, a complainant may have a legal entitlement to redress. The Co-operative should still offer a resolution where possible, obtaining legal advice as to how any offer of resolution should be worded.

14. Independent bodies 

14.1 Complainants can take their complaint to bodies that are independent of Bunker at any time. These include county courts and the following examples of outside bodies: 

• Local councillors for Brighton & Hove can be contacted at Hove Town Hall, Hove, BN3 3BQ. Telephone 01273 290 000. Contact details of individual councillors can be found here: https://present.brighton-hove.gov.uk/mgMemberIndex.aspx?

• Details of the local Member of Parliament can be found here: https://members.parliament.uk/constituencies

• Housing Ombudsman Service, PO Box 152, Liverpool, L33 7WQ. www.housing-ombudsman.org.uk. Telephone 0300 111 3000 

• Citizens Advice Bureau: https://www.citizensadvice.org.uk/ 

• Shelter: Telephone 0344 515 1540 

15. Reporting 

15.1 The Chair shall submit a quarterly report to a General Meeting showing the status of all outstanding complaints and complaints that were made and those resolved during the preceding three months.

15.2 The Co-operative shall assess itself against the Housing Ombudsman Service Complaint Handling Code annually to ensure our complaint handling remains in line with its requirements and publish the results.

15.3 The Co-operative will seek feedback from members in relation to its complaint handling.

16. Policy Review Date

Approval
Version number: V2.0

Approved by: General Meeting

Approval date: 3 July 2023

Effective from: 1 August 2023

Date of next review: July 2026