by Jen Lemen
Hot Topic Highlight - Complaints Handling Procedure (CHP) - January 2019
Building a better you
Property Elite’s sole aim is to build better property professionals - supporting your career every step of the way, whether you are completing a RICS accredited degree course, your RICS APC/AssocRICS or simply seeking engaging CPD.
This week, we will be looking at Complaints Handling Procedures. This updates an earlier blog article, to include the revised RICS Alternative Dispute Resolution (ADR) Mechanisms - UK & Ireland (Version 6), which takes effect from January 2019.
If you are an RICS APC candidate, be sure to check out our RICS APC support services, including submission reviews, question packs, revision quizzes and e-mock interviews.
We've already got candidates signing up to support their Spring 2019 submissions - in our experience, the earlier you seek additional support, the better chance you have of RICS APC success!
If you've been referred this Autumn - don't panic. Check out our referral blog and advice on the new RICS referral guidance, as well as emailing a copy of your referral report to firstname.lastname@example.org for some free advice on what to do next.
Not sure about signing up? You can read what some of our recent successful candidates have to say here. We work with candidates across all RICS APC pathways, routes to assessment and geographic regions.
If you have been referred or want to discuss your RICS APC, contact us on 07804 642 825 or email email@example.com - we offer every candidate a free & friendly 30 minute RICS APC consultation.
This week we are going to look at another RICS APC hot topic; Complaints Handling Procedures (CHP). This specifically forms part of the Conduct rules, ethics & professional practice and Client care RICS APC competencies, as well as being vital knowledge for qualified members and RICS APC candidates in your everyday working life.
A complaint is defined as 'a statement that something is unsatisfactory or unacceptable' or 'any expression of dissatisfaction'. They generally arise when expectations are not met, e.g. timing, scope of work, misunderstandings and delays.
Therefore, the best way to avoid complaints in the first place is by:
- Setting out clear expectations in Terms of Engagement (referring to your CHP) and Key Performance Indicators
- Communicating clearly and effectively with your client and other key stakeholders
- Seeking feedback and resolving issues efficiently as they arise
By managing complaints in an appropriate manner, you can create an opportunity to rectify service problems and further develop client relationships.
RICS regulated firms are required by Rule 7 of the Rules of Conduct for Firms to 'operate a complaints handling procedure and maintain a complaints log. The complaints handling procedure must include an Alternative Dispute Resolution (ADR) mechanism that is approved by the Regulatory Board'.
A firm's CHP should also be approved by your Professional Indemnity Insurance provider.
The RICS have issued a Guidance Note for residential surveyors and valuers on complaints handling; Complaints handling (1st edition, 2016). This is also likely to be of interest to surveyors within other sectors, e.g. commercial, although the principles are of primary application to the residential sector.
The key principles of an effective CHP are being:
- Fit for purpose
- Readily shared
- Reviewed regularly
We recommend reviewing your firm's CHP, although you can also check out an example from RICS here.
The key stages of complaints handling are as follows:
- Stage 1 - written complaint received and reviewed by the firm, acknowledged within 7 days and responded to within 28 days
- Stage 2 - complaint reviewed by an independent redress provider (approved by RICS and confirmed by the firm to RICS in their annual return)
Stage 2 should include a separate redress provider for business-to-consumer (customer complaints) and business-to-business clients (contractual disputes), both of which must be approved by RICS. This is where the new 2019 RICS Regulation paper becomes relevant.
The principles that the RICS Regulatory Board consider when approving ADR mechanisms include:
- Customer complaint mechanisms should be free of charge to the consumer
- The scheme must be well-established
- The scheme must be independent of the firm
- The scheme must use a transparent, accountable and consistent decision making process
Examples of consumer redress mechanisms include Centre for Effective Dispute Resolution (CEDR) (which replaced Ombudsman Services: Property from August 2018), The Property Ombudsman, The Property Redress Scheme, Financial Ombudsman Service and the Local Government Ombudsman. These are generally all ombudsmen schemes.
Business-to-business redress providers include CEDR Solve, RICS DRS, Neutral Evaluation Procedure for Surveying Disputes and the SCSI DRS. These generally involve negotiation, mediation, arbitration or single issue adjudicators.
Finally, a client can also complain to the RICS about the service or professionalism of a member or regulated firm, i.e. if the standard of a reasonable professional or firm has been breached.
They will not determine whether a professional's opinion is correct or offer a second opinion and cannot resolve issues subject to Court proceedings or where another resolution mechanism exists, e.g. challenging an Award under the Party Wall Act etc. 1996.
However, RICS generally only investigate matters if they are in the public interest in order to take disciplinary action to protect the public, rather than to punish the professional or firm. The process usually takes 6 months and there is generally no right of appeal against a decision to close a case or agree a consent order.
How can we help?
- Sign up for a complimentary copy of our Ebook Guide to the APC (UK and MENA editions)/AssocRICS/Senior Professional Route, together with our updated APC Hot Topic Guide - full of even more helpful advice and tips to pass your RICS APC or AssocRICS with flying colours first time
- Sign up for our bespoke support services, such as our final assessment review & feedback service, RICS APC question packs (around 1,000 questions/30 pages based on your submission), e-mock interviews and revision quizzes. Don't forget that we offer some great value discounted packages if you purchase more than one support service!
- If you've been referred this Autumn or have any queries or concerns, just contact us on 07804 642 825 / firstname.lastname@example.org. We offer all candidates a free & friendly 30 minute RICS APC consultation
Not sure about signing up? You can read what some of our recent successful candidates have to say here.
Stay tuned for our next blog post to help build a better you
N.b. nothing in this article constitutes legal or financial advice.