7(1)A housing ombudsman under an approved scheme shall [F1, in accordance with the scheme,] investigate any complaint duly made to him [F2under the scheme], and where he investigates a complaint he shall determine it by reference to what is, in his opinion, fair in all the circumstances of the case.E+W
(2)He may in his determination—
(a)order the member of a scheme against whom the complaint was made to pay compensation to the complainant, and
(b)order that the member or the complainant shall not exercise or require the performance of any of the contractual or other obligations or rights existing between them.
[F3(2A)Sub-paragraph (2B) applies where during an investigation of a complaint against a member of the scheme, a housing ombudsman identifies that the member’s policies or practices in relation to a matter may give rise to further complaints about that matter.
(2B)The housing ombudsman may, in the ombudsman’s determination of the complaint, order the member to review their policy or practice on that matter.]
(3)If the member against whom the complaint was made fails to comply with the determination within a reasonable time, the housing ombudsman may order him to publish in such manner as the ombudsman sees fit that he has failed to comply with the determination.
(4)Where the member is not a social landlord, the housing ombudsman may also order that the member—
(a)be expelled from the scheme, and
(b)publish in such manner as the housing ombudsman sees fit that he has been expelled and the reasons for his expulsion.
(5)If a person fails to comply with an order under sub-paragraph (3) or (4)(b), the housing ombudsman may take such steps as he thinks appropriate to publish what the member ought to have published and recover from the member the costs of doing so.
(6)A member who is ordered by the housing ombudsman to pay compensation or take any other steps has power to do so, except that a member which is also a charity shall not do anything contrary to its trusts.
Textual Amendments
F1Words in Sch. 2 para. 7 inserted (1.10.2022) by Building Safety Act 2022 (c. 30), ss. 160(2)(a), 170(5) (with s. 160(4)); S.I. 2022/561, reg. 5
F2Words in Sch. 2 para. 7 substituted (1.10.2022) by Building Safety Act 2022 (c. 30), ss. 160(2)(b), 170(5) (with s. 160(4)); S.I. 2022/561, reg. 5
F3Sch. 2 para. 7(2A)(2B) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(4), 46(2)
Commencement Information
I1Sch. 2 para. 7 wholly in force at 1.4.1997 see s. 232(1)-(3) and S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)