Complaints Handling Flashcards
What is the RICS guidance on complaints management?
- Publish companies CHP and signpost clients
- Record in a complaints log
- Ensure employees know where complaints are logged
- Ensure PII insurers are updated if required
- Take complaints seriously, don’t assume the outcome until it is investigate
- Maintain professionalism
- Seek support e.g Lionheart
- Handle the complaint within timescales of CHP
- ADR for when complaints can’t be resolved
- If complaint uncovers a serious breach report to RICS regulation
What is the purpose of ADR?
- Helps protect the public
- Enables firms to issue a referral letter to an independent body rather than continuing correspondence indefinitely
- Usually quicker than litigation, less formal
- Cheaper as designed to be accessible without legal representation
- Risk management
What should be included in a complaints log?
- What went wrong?
- Actions taken
- Any improvements to processes e.g. clearer terms, CPD to address gaps in knowledge
What guidance documentations has the RICS published on complaints handling?
Complaints Handling Guidance Note 2016, updated January 2022
What is a complaint?
Notice of dissatisfaction
Must be handled reasonably and consistently to minimise financial and reputational risk
How does managing a complaint link with requirements for Rules of Conduct?
In Appendix A, the rules state:
Firms must publish a complaints handling procedure, which includes an alternative dispute resolution provider approved by RICS, and maintain a complaints log
2.4 Members & firms reflect on work they have undertaken, its impacts and how they may apply lessons learned to future work
5.4 Members & firms respond to complaints promptly, openly & professionally
How can you reduce the likelihood of a complaint?
- They generally arise where expectations have not been met e.g. scope, timelines, service understanding
- Issuing terms of engagement reflecting on client’s requirements
- Support client in ability to interpret the information supplied by having direct dialogue with the client
- Initial good complaint management in understanding the basis of the complaint before attempting to seek resolution
What does an effective CHP look like?
- Fit for purpose - reflect size & structure of business
- Made available to all staff - clarity & consistency
- Be understood by all staff - record training
- Readily be shared with complainants
- Regularly reviewed at a senior level - record evidence
- Agreed with PII provider
- Provide details of access to independent redress
- Noted within Terms of Engagement
Why is PII important for complaints procedures?
- Failure to comply with a procedure that is agreed with your PII insurer may compromise the cover
- Terms may change between periods of cover & between providers
- Usually a requirement to inform providers of potential complaint ASAP
What do you do if you received a complaint?
- Understand the motivation for the complaint - listen, repeat back to ensure you have understood, establish who is in communication (data protection)
- Establish the root cause of the issue - is it an error or is it a client’s lack of understanding?
- Record all complaints / potential complaint
- Take ownership - reassure that the matter will be taken seriously
- Become a partner in solving the problem - establish what they hope to achieve
- Establish the context - has a loss been sustained or can assistance be provided to avoid a loss
- Establish one point of contact to avoid future confusion
- Supply complainant with CHP & nominated contact
- Notify insurers
How does the process differ if the complaint is business to consumer?
Firm is required to signpost to approved ADR provider.
Ombudsman (when consumer) can accept a complaint 8 weeks after made
Consumer is someone who is not affiliated / acting on behalf of a business
What should be in an initial response to a complainant?
- Ensure care, empathy, accuracy and reasonableness
- Check with required to consult insurer prior to responding
- Respond within time frames set by complainant or CHP (28 days)
- Response to address the issue raised & the evidence - put self in complainants shoes to ensure covers
- If complaint is rebutted, explain why, refer to clauses of terms of engagement, circumstance or purpose of report
- If unclear, propose next steps to understand basis of complaint
- Copy of CHP asap
- Refer to the availability of ADR
How are costs of additional investigations following a complaint dealt with?
Third parties may be required to support with additional / alternative advice. Settlement of costs may require agreement with complainant and insurers may be required
Where additional investigations are proposed, important all parties have an understanding of the scope of the investigations and their contract within the original Terms of Engagement and complaint
What if a complaint is not resolved?
Escalation
Ensure compliance with CHP
Consider if initial response was appropriate
ADR - free for consumers, approved by RICS (on website - e.g. DRS, Centre for Effective Dispute Resolution
Possibility to utilise PII brokers claim-handling services to allow focus on core business & introduce a degree detachment
What would you do after a complaint?
- Review claims to identify lessons to be learnt
- Review the effectiveness and appropriateness o the CHP
- Where complaints have escalated to thrid parties, review how they have performed
- If a complaint was found to be unjustifiec, tehre may still be lessons in understanding why it was received in the first place e.g. improvements in explanations to clients / delivery of work in the first place
- Identify any targets in training needs required
