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Housing Ombudsman Self Assessment Decision Report

Cabinet and Counci Decision Report - Self-Assessment August 2026 with members comments

Report details

Report to Cabinet 

  • Date: 18 August 2026
  • Lead Cabinet Member: Councillor Alan Tyerman
  • Email: alan.tyerman@torbay.gov.uk
  • Lead Director: David Carter
  • Email: david.carter@torbay.gov.uk
  • Awards affected: All wards
  • Report or appendices exempt from publication: No
  • Section 106 of the Local Government Finance Act 1992: No
  • Urgency: Neither option was selected in the original report.
  • Key decision: Neither Yes nor No was selected in the original report. 

1. Summary of report 

1.1 The proposal in this report is to ensure that we achieve best practice in complaint handling and ultimately provide a better service to tenants. 

1.2 The reasons for the proposal and the need for Members to provide comments is to demonstrate to the Housing Ombudsman that we are operating our complaints handling in line with their Code. 

2. Recommendations and proposed decision 

That, as the Governing Body, Cabinet approve the Housing Complaints Policy at Appendix 2 to the submitted report. 

That Cabinet note the Self-Assessment Report 2026 as set out at Appendix 1 to the submitted report. 

3. Reasons for recommendations and proposed decision 

To ensure that Torbay Council achieves best practice in complaint handling and provides a better service to tenants through the approval of the Housing Complaints Policy. This enables Torbay Council to demonstrate to the Housing Ombudsman that the handling of complaints is in line with the relevant code. 

4. Background and context 

From 1 April 2024, the Housing Ombudsman Complaint Handling Code became statutory. Landlords are obliged by law to follow its requirements. There is a legal duty on the Ombudsman to monitor compliance with the Code. 

This report seeks approval and comments from Cabinet Members regarding complaint handling for the Council’s social housing stock in line with the Housing Ombudsman Complaint Handling Code. 

5. Alternative options considered 

Not applicable. 

6. Contribution to Council priorities  

Not applicable. 

7. Consultation and engagement 

Not applicable.

8. Implications

  • Financial implications: None. 
  • Legal implications: None. 
  • Corporate parenting, children and young people: None. 
  • Associated risks, risk tolerance level and mitigations: This is a requirement of the Housing Ombudsman. Failure to comply may result in Torbay Council being investigated. In turn, this could lead to a reduction in Homes England grant funding to assist the Council in building much-needed homes for local people, as well as providing a poor service to tenants. 
  • Contributions to tackling climate change or achieving carbon neutrality: Not applicable. 
  • Social value considerations: Not applicable. 
  • Procurement implications: Not applicable. 
  • Other implications: Not applicable.

9. Equality impact assessment 

The Council has a public sector duty under the Equality Act 2010 to have due regard to advancing equality of opportunity between people who share a relevant protected characteristic and people who do not share it. The Act also seeks to eliminate discrimination, harassment and victimisation. 

The following sections set out the data and insight, equality considerations, mitigation activities and responsibilities recorded in the original assessment. 

Age 

Data and insight 

  • 18% of Torbay residents are aged under 18. 
  • 55% of Torbay residents are aged 18 to 64. 
  • 27% of Torbay residents are aged 65 and older. 

Equality considerations 

Torbay Council should ensure that methods of submitting complaints remain accessible by enabling customers to report face to face, in writing or through the Council’s website. This is particularly relevant to capturing concerns or complaints from harder-to-reach demographic groups, which often include younger people who may be more likely to use a device than pen and paper. 

Torbay Council should clearly advise that complaints can be made by email, in person, in writing and by telephone to meet the needs of older people or people who are less able to use technology. 

Mitigation activities 

Some complainants may be older people or people with limited ability because of health issues, such as dementia. 

Torbay Council should ensure that appropriate support is in place, that referral mechanisms to relevant agencies are available, and that support is provided proactively where health issues or limited capability are already known. 

Responsible department and timeframe 

  • Regeneration 
  • Adult Services 
  • Children’s Services 
  • Timeframe: not specified. 

Carers 

Data and insight 

  • At the time of the 2021 Census there were 14,900 unpaid carers in Torbay. 
  • 5,185 of these carers provided 50 hours or more of care. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Care experienced 

Data and insight 

  • As of January 2026, there were 277 former care-experienced young people aged 18 to 24 in Torbay. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Disability 

Data and insight 

  • In the 2021 Census, 23.9% of Torbay residents said that their day-to-day activities were limited a little or a lot by a physical or mental health condition or illness. 

Equality considerations 

Some customers with learning difficulties, hearing or sight impairments, or mental health issues may not understand how policies and procedures work. Torbay Council must ensure that support is offered in all aspects of tenancy support and when raising a formal complaint. 

Torbay Council will work with support workers or appointed people on behalf of the complainant where applicable. This supports access to the service and enables other reasonable adjustments, such as letters in alternative formats or specified methods of contact. 

Mitigation activities 

Regularly monitor customers’ contact preferences and update the case management system. 

Ensure that support workers or appointed people remain relevant and their details are kept up to date. 

Ensure Torbay Council staff are up to date with relevant mental health training. 

Responsible department and timeframe 

  • Regeneration 
  • Adult Services 
  • Children’s Services 
  • Timeframe: not specified.

Gender reassignment 

Data and insight 

  • In the 2021 Census, 0.4% of Torbay’s community said that their gender identity was not the same as their sex registered at birth. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Marriage and civil partnership 

Data and insight 

  • Of Torbay residents aged 16 and over at the time of the 2021 Census, 44.2% were married or in a registered civil partnership. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Pregnancy and maternity 

Data and insight 

  • Between 2013 and 2024, the rate of live births as a proportion of females aged 15 to 44 was slightly but significantly higher in Torbay, at an average of 56.0 per 1,000, than the South West, at 53.4, and broadly in line with England, at 56.3. 
  • For 2022 to 2024, rates in Torbay, at 44.6, were significantly below England, at 50.0. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Race 

Data and insight 

  • In the 2021 Census, 1.6% of Torbay residents identified as Asian, Asian British or Asian Welsh. 
  • 0.3% identified as Black, Black British, Black Welsh, Caribbean or African. 
  • 1.5% identified as Mixed or Multiple ethnic groups. 
  • 96.1% identified as White. 
  • 0.4% described their ethnicity in another way. 
  • Black, Asian and minoritised ethnic communities are more likely to live in areas of Torbay classified among the 20% most deprived areas in England. 

Equality considerations 

Although little or no impact is expected, as Torbay Council would be aware of language barriers when a tenancy is offered, people should be advised that an interpreter can be arranged in advance. 

Mitigation activities 

Ensure that language barriers which could affect communication are recorded on case management software when a tenancy begins. 

Review complaints from people who are not housing customers on a case-by-case basis. 

Ensure that communication support is in place before the landlord and tenant relationship is formally established and that the support continues. 

Ensure relevant departments, including Revenues, are aware of language barriers affecting invoicing or revenue collection. 

Responsible department and timeframe 

  • Responsible department and timeframe were not specified in the original report. 

Religion and belief 

Data and insight 

  • 48.5% of Torbay residents identified as Christian. 
  • 0.4% identified as Buddhist. 
  • 0.2% identified as Hindu. 
  • 0.6% identified as Muslim. 
  • Less than 0.1% identified as Sikh. 
  • 0.1% identified as Jewish. 
  • 0.7% identified with another religion. 
  • 43.2% identified with no religion. 
  • 6.3% did not answer. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Sex 

Data and insight 

  • 51.3% of Torbay’s population are female. 
  • 48.7% of Torbay’s population are male. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Sexual orientation 

Data and insight 

  • In the 2021 Census, 89% of residents described themselves as straight or heterosexual. 
  • 1.7% described themselves as gay or lesbian. 
  • 1.1% described themselves as bisexual. 
  • 0.1% described themselves as pansexual. 
  • 0.1% described their sexuality in another way. 
  • 7.4% did not answer the question. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Armed Forces community 

Data and insight 

  • In 2021, 3.8% of residents in England reported that they had previously served in the UK Armed Forces. 
  • In Torbay, 5.9% of the population had previously served in the UK Armed Forces. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable.

Additional considerations 

Socio-economic impacts, including child poverty and deprivation 

Data and insight 

Torbay is ranked as the 39th most deprived upper-tier local authority in England in the Index of Multiple Deprivation 2025. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Public health impacts 

Data and insight 

For the five-year period 2020 to 2024, data shows a six-year life expectancy gap between males living in Torbay’s least and most deprived areas and a three-year gap for females. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Human rights impacts 

Data and insight 

No data included in the original report. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

Child-friendly considerations 

Data and insight 

No data included in the original report. 

Equality considerations 

There is no differential impact anticipated. 

Mitigation activities 

Not applicable. 

10. Cumulative Council impact 

None. 

11. Cumulative community impact 

None. 

12. Monitoring and evaluation 

Cabinet is responsible for ensuring that this policy is kept up to date, implemented within the organisation, and monitored and evaluated. 

The policy will be reviewed every three years, or when circumstances or working practices change, or new legislation is introduced. 

Appendices 

  • Appendix 1: Complaints Policy 
  • Appendix 2: Self-Assessment 2026 

Background documents 

Guidance on annual submissions | Housing Ombudsman Service 

Officer contact details 

Members’ comments and meeting outcome 

The submitted report presented the Council’s Housing Ombudsman Self-Assessment for 2026 and sought approval of a Housing Complaints Policy to strengthen governance arrangements and ensure that complaint handling processes remained consistent, transparent and accessible to tenants. 

At the meeting, Councillor Tyerman proposed and Councillor Cowell seconded a motion that was agreed unanimously by Cabinet, as set out above.