Designated Person: what it is and how it helps you access the Housing Ombudsman

Are you a social housing tenant who wants to complain to the Housing Ombudsman? You used to have to go through a "Designated Person" first. That meant an MP, a local councillor, or a tenant panel. This rule changed in April 2013 and again in later years. The rules are now more relaxed. Below, we explain how things work now. We also show you how to use the Designated Person route if you want to.

What is a Designated Person?

A Designated Person is a named person or group. They can pass a complaint to the Housing Ombudsman for you. There are three types of Designated Person:

• A Member of Parliament (your MP)
• A local councillor (a councillor for the ward in which you live)
• A Tenant Panel recognised by your landlord

This route was set up to get local people involved in sorting out housing complaints. It also helped sort out cases locally before they reached the Ombudsman.

Do you have to use a Designated Person?

Since April 2013, you can take a complaint straight to the Housing Ombudsman. You do not need a Designated Person first. But one of these must be true:

• You have finished your landlord's own complaints process (stage 1 and stage 2 if there is one), or
• 8 weeks have passed since you first complained and it is still not sorted out

If either of these is true, you can complain straight away. You do not need an MP, a councillor, or a tenant panel to reach the Ombudsman.

Why use a Designated Person then?

Some tenants still choose to use a Designated Person. Here is why:

• Their MP or local councillor has a direct link with the landlord. They may get a faster result
• They want extra help to explain their complaint or push it further
• They are not sure if their complaint is right for the Ombudsman, so they want advice

An MP or councillor can write to a housing association or council for you. This often gets a faster and more serious reply than a tenant complaint on its own.

How to use the Designated Person route

1. Write to your local councillor or MP and explain the complaint. Include your name, address, landlord, what the complaint is, what has happened so far, and what you want to happen
2. Ask them to try to sort it out themselves, or to pass it to the Housing Ombudsman for you
3. Your councillor or MP will then either take it up with the landlord, or pass the complaint to the Ombudsman

You can find your local councillor on your council's website. You can find your MP at writetothem.com.

What if the Designated Person cannot help?

Your MP or councillor may not be able to sort it out. They may not pass it to the Ombudsman either. If so, you can still complain yourself. The Ombudsman will take your complaint once 8 weeks have passed since you first complained. They will also take it once your landlord's complaints process is finished.

When should I contact Support for Tenants?

Your complaint may be about housing disrepair, damp, mould, broken heating, or problems with the building. If so, the Ombudsman process and a legal disrepair claim are two different routes. The Ombudsman can look into it and award compensation. But a county court claim may give you a higher award.

Call us on 0800 030 4669 for advice. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Ombudsman Service
• Housing Act 1996 (legislation.gov.uk)

Related articles

• Housing Ombudsman, how long it takes
• Stage 1 vs Stage 2 complaint, housing
• Housing Ombudsman vs court claim, which to use