Compensation Policy

1.1 Calico Homes is committed to providing high quality services that meets the needs of all customers.  We recognise that sometimes our service delivery falls below our published or expected standards and when this happens, we want to make it right. This policy provides a framework to outline fair and proportional financial and non-financial remedies.

3.1: As set out in the Housing Ombudsman Remedies guidance, there are different types of financial compensation:

3.2 Mandatory payments

This is where we are required by law to compensate, payments will be made in line with statutory requirements. Payments include:

1. Statutory home loss payment: made to customers or owner-occupiers required to move home permanently.
2. Disturbance allowance: made to tenants required to move to another property; and
3. Right to repair scheme: which covers specific repairs that should be completed within a set time limit. (see appendix for further guidance).

3.3 Discretionary payments

It is important that tenants are compensated fairly where we have failed to deliver our published service standards, e.g.

• poor complaint handling;
• delays in providing a service;
• failure to provide a service that has been charged for;
• failure to meet target response times; and
• failure to follow policy and procedure.

Discretionary payments also take into consideration the upset, discomfort, worry, frustration, or uncertainty caused to the tenant. (see appendix for further guidance).

3.4 Quantifiable loss

It is important that customers are compensated fairly where they have experienced an actual financial loss, such as:

• increased energy bills;
• replacing damaged furnishings;
• decoration costs.

Any costs must have been reasonably incurred and evidence of loss/receipts must be provided before a payment is made.  Any award will take into account wear and tear and compensation will not be paid on a new for old basis.

3.5 Ombudsman determinations:

Calico Homes will fully comply with any Ombudsman determination to pay compensation for maladministration or service failure.

5.1 There are situations where a remedy is not appropriate and will not be offered, for example:

• Claims for personal injury;
• Damage caused by circumstances beyond Calico Home’s control (e.g., through storm or flooding);
• Damage caused by third parties not working on behalf of Calico Homes;
• Where a claim can or should be made on home contents insurance and where damage has not been caused as a result of the actions or omissions of Calico Homes or a contractor working on our behalf.
• Lost, stolen, broken, or damaged possessions through no fault of Calico Homes;
• Where the issue was caused because of negligence by the Customer or their failure to comply with the terms of their tenancy or lease such as not providing access to complete required work.
• Damage to decoration – some repairs may damage a customer’s decorations. We will always attempt to ‘make good’, however if we are unable to source an ‘exact match’ to the existing decoration we would not offer compensation;
• loss of earnings.

7.1 Calico Homes will typically make financial payments in accordance with this policy via bank transfer. Upon agreement of compensation, the customer must provide their bank details and payment will be made within 20 working days once this is received.

7.2 Customers can request for payments to be made onto their rent account, as long as the customer’s rent account does not exceed credit balance limits.

7.3 In instances where customers have outstanding debt with Calico Homes – offsetting compensation payments against debts will be considered as a matter of course and approved by a service coordinator, manager or Head of Service.

9.1 This policy has been written in accordance with the requirements set out in the Housing Ombudsman Complaint Handling Code 2024 and Remedies guidance for landlords. In some cases a customer may have legal entitlement to redress. The Landlord should still offer a resolution where possible, obtaining legal advice as to how any offer of resolution should be worded (disrepair, eviction proceedings etc.)

9.2 In instances where a legal process is commenced by the customer (most commonly for claims made pursuant to the Pre-Action Protocol for Housing Condition Claims – but can be applied to any relevant legal action), compensation awards will be stopped until the legal process is concluded. The compensation process will only be stopped when proceedings are ‘issued’ and the Claim Form and Particulars of Claim are filed at Court. Up until this point, alternative dispute resolution can still be sought by Calico Homes and by the customer and the compensation policy guidance must be used.