Page 40 - Solving Housing Disputes

investigative approach by the HDS means that the service can help parties to
understand their respective rights and interests within or about the relationship
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but must also be capable of resolving their concerns.
Stage 2 – interim assessment

2.53 At Stage 2, the HDS would produce a preliminary written assessment of the
relationship and what it considers ought to follow from it by way of resolution,
which may be sent to the parties or, if more appropriate, disclosed to and
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discussed with them in person. At this stage, the HDS should have identified
the considerations that have brought the parties into dispute and the
underlying issues within the relationship which necessarily includes
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identifying and vindicating all parties’ legal rights. At Stage 2, the HDS
might also identify and make proposals in relation to structural problems
within a housing provider, such as systemic problems in complaint handling
or repeated failures to provide timely remedial works.

Stage 3 – ADR stage

2.54 At Stage 3, the parties would be invited to agree, correct or challenge the
contents of the Stage 2 assessment and/or the resolution it proposed. This
would include a challenge on fact or law, both as to what has happened and
what is proposed and includes the possibility of an alternative agreement
between the parties. Legal advisors should have access from Stage 2 onwards
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to the whole of the HDS digital case file without exception, to advise parties
as to their rights and obligations. Where vulnerability is an issue, particular
care should be taken, and the HDS officer should strongly encourage a
vulnerable party who has not yet done so to take legal advice at this point and
facilitate their doing so. Any or all of the parties may decline to take part and

89 Thus, local and other authorities may ultimately be required to use powers.

90 A written assessment is necessary to allow people to take advice. Nonetheless, as at Stage 1, there
needs to be flexibility so that no unnecessary delay is caused.

91 Including those under relevant codes of practice or analogous schemes.

92 Thus, it might include an HDS analysis - internal or commissioned from an external supplier - of the
legal position or, it might include exchanges between HDS officers. There is no HDS “privilege”
asserted: if errors have been made, better that there is an opportunity to correct them.

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