Response from Panel Hearing held on 23rd April 2007 about your complaint
I apologise for the delay in responding to you following the panel hearing over your complaint. Given however the wide range of matters that you raised at the panel hearing it has taken some time to co-ordinate with other agencies and to trace documents referred to during the hearing which were not before the panel in order to be able to respond to you fully.
The main tenet of your complaint is that 1066 Housing Association had been deceitful in their dealing with you and acted against the interests of yourself and the young people and had directed the police and wardens against you.
I will deal with the main points that you raised these are highlighted below and dealt with in turn.
The current method of dealing with complaints is unfair and biased against the complainant.
A revised complaints policy for the Amicus Horizon group came into effect from 1st May 2007 but this still gives the original officer the opportunity to deal with and if possible to resolve the problem at Stage 1.
I still believe this decision is wrong. If a company, especially one dealing in housing receives a complaint about a member of its staff then that complaint should rise immediately to a manager. Why not just copy the police? if someone complains about a police officer then that complaint is dealt with by a senior officer it is a safe fair system and everyone knows it works and if it is true that Amicus Horizon have changed their complaints procedures they should inform us of the changes.
A senior manager deals with Stage 2 but with the same aim to resolve the problem if at all possible.
There is nothing wrong with this so long as it is not the senior manager who is the subject of the complaint.
Stage 3 is an appeal Panel whose main duty is to ensure that the Associations policies and procedures have been correctly and fairly applied.
The Stage 3 Panel is a much fairer way of resolving complaints but it is an extremely difficult stage to reach. Our experience with the complaint procedure is that the only thing wrong with the Stage 3 Panel hearing is that Stages 1 & 2 seem to be nothing more than difficult hurdles to jump before anyone can get there and the lack of information provided to that hearing by 1066 H.A is worrying. Also the hearing is run a little like a court hearing and the questioning is aggressive I think this should go both ways and witnesses or at least witness statements should be allowed especially as they are allowed from 1066.
In this case the complaint concerns the discrepancy in what different people believe was agreed at two meetings. The panel is unable to make a judgement as to which version is correct.
This is not a surprise considering the Panel did not invite statements or appearances from those who were present at those two meetings. The panel heard from Anne Goddard-Christine Cope-Steve May-Robin Deane-Kevin Andrews-David Chidwick-Graham Morrow. Not one person from Churchill United was allowed to attend nor were they invited to submit statements so nothing has happened to change our minds that the 1066 H.A complaints procedure is geared against the complainant if the complaint is against 1066 H.A.
1.) The Panel consider that it is appropriate for the first line manager to reply to any complaint in the first instance.
2.) The Panel recommends that contemporaneous notes should be kept of any meeting with residents and others and circulated to all those attending to provide a record of what has been discussed and agreed as a way forward.
I would agree with this if the inaccuracy of 1066 record keeping had not caused so much distress already and if 1066 are sincere in the keeping of accurate records/minutes then I cannot see why they refuse to have meetings recorded? Again why not copy the police and use cctv. If you are not telling lies then you have nothing to fear and the advantage works both ways not just against 1066. No one is trying to trap them here. There can be no greater accuracy than a tape recorder or a cheap video camera. It is a great shame that 1066 refuse to see this suggestion as a protection rather than a threat but of course that only works if you have nothing to fear.
3.) The Panel recommends that when a complaint is received all relevant documentation should be reviewed.
If that includes staff email records it is good.
1066 Housing Association reneged on an agreement to fund a football kit for a youth team and to assist with other funding.
During the hearing you (G.Morgan) referred to two meetings with 1066 staff that had occurred in November at which there were discussions over funding for a football kit for young people in the Churchill Avenue area. A further meeting was to have been held on 11th January at which you (G.Morgan) stated you had considered a cheque was to be presented to the young people for a football kit. In response to the panels question as to what prompted the legal action against 1066 Housing Association you referred to an email from Gary which said that there was to be no funding for the football kit.
The panel have now had an opportunity to read the email which is in the public domain through being posted on the Churchill United website and it does not state that there would be no funding at all. The email clarifies that the situation regarding the grant and that the meeting on Thursday 11th January 2007 was not a cheque presentation but a chance for Amicus Horizon to talk to you and the youth about publicising your plans. It also indicated in the email that the money would not be available until June 2007.
I think it is a great shame that 1066 have decided to continue “Ducking and Diving” in an effort to escape this blatant breach. It makes no difference to our complaint if they attempt to pretend that they would have supplied the football kit in June 2007. The fact is they promised it would be given on January 11th. It makes no difference to our complaint if they construct a replacement meeting for June (which they have) and then supply a football kit via RLRA to someone else. The football kit is “owed” to those to whom it was promised the “Churchill United” football team who have not been invited to any meetings and who will not attend unless these matters are resolved first. Our efforts to obtain this justice will not cease there can be no alternative to the keeping of this promise and there should not be. 1066 are as always anxious to avoid any reference to the setting up of a fake presentation photo shoot that deception was so callous and cruel there cannot be many judges in this country who would not lock most people up for such a fraudulent act. It was a despicable thing to do.
1.) The Panel has confirmed that the playing field belongs to Sandown School not to 1066 Housing Association We have therefore no jurisdiction over the playing field and therefore cannot prevent people using it.
The school have recently erected a strong security fence around the playing field to stop unauthorised use. They have advised us however they could consider the use of the field with appropriate supervision but there are no outdoor changing or toilet facilities.
Our records (yes we keep them to) of the conversation regarding Sandown field differs from this. Our record shows that 1066 H.A at that Panel hearing agreed to ask Sandown school if they would give them the field not that it matters very much who owns it if all of the local people are allowed to use it but I doubt it will happen.
2.) The Panel considers that the area behind the play area in Rock Close is too small for a football area. The existing play area is equipped for younger children and the panel does not consider it is appropriate for use by mixed ages. The panel feels the best way forward is to investigate use of the new facilities at Hillcrest School which is in the immediate vicinity of Churchill Avenue.
The play area at Rock Close is already in use by mixed ages. Drug Users by night and young children and Flashers by day. I find it bizarre that the panel and Sandown School and 1066 feel that a group of over 18 year olds require suitable supervision to play football in a field that they have used safely for years but that under 10,s require no supervision in such a vulnerable play area like Rock Lane where there have been a number of recorded incidents. Hillcrest has already shown its determination to be completely unsuitable for the very young and those from under privileged families because of all of the reasons we discussed at the Panel Hearing such as; 1.) Cost! if you are an unemployed teenager how can you pay to get in? No income. No Benefit. The only useful access to Hillcrest facilities would be Free or Sponsored access for those who cannot afford to use those facilities.
2.) Are 1066H.A-Hillcrest School-ESCC- happy to guarantee safe passage across the main road for the under 10,s? I should not think that they would because it is so very dangerous. The whole purpose of everything that we were trying to do can be summed up in two words “Under Privileged” Give them somewhere to go! Making a business out of Hillcrest School does not help anyone but Hillcrest School it is not a gift to the community it is just a fake like everything else they promised originally and Hillcrest School should remember that being greedy and making residents pay for their new facilities is very wrong after all did,nt we already pay one way or another for everything at Hillcrest? TAX?
3.) The Panel has confirmed with Hastings Borough Council that the path servicing the rear of the properties in the Broadlands is not a right of way. The use of the path was becoming a nuisance to the residents and the majority of them wanted the gate. 1066 acted correctly in consulting the residents only affected by the access to the path: it was not necessary to consult more widely.
Once again the goalposts appear to be on the move! no one has ever suggested that the pathway at the rear of Broadlands was/is a right of way we have always referred to the pathway through Broadlands to the field and it is another great shame that 1066 were wise enough to consult a few residents about how they felt about the field being locked off but not wise enough to consult all residents about how they would be affected after it was closed and at the panel hearing Ms Goddard was extremely vague regarding who had been consulted and suggested a wider consultation following the meeting this of course has not happened.
Mr Morgan had felt unable to work with Red Lake RA to further the aims of the young people in the area.
Panel Recommendation.
In making its recommendation the Panel felt that 1066 Housing Association needs to be assured that any group the association supports and/or funds is democratic and properly constituted; activities are well set up and safe; and any necessary training clearances and insurance is in place. Linking into an existing Residents Association is one but not the only way of providing that assurance. The Panel also noted that the meeting with Robin Deane Performance Director on 22nd March and his letter of 23rd March offered a way forward to resolve these issues.
In plain language the only way forward acceptable to 1066 would be if we linked with Red Lake RA?
May we remind 1066 that the “Furthering the aims” as they call it to the young people in the area were proposals put forward by Churchill United. Those aims were rejected by Red Lake RA even though they were without question accepted at the time by 1066. The matter of training/insurances/supervision are unarguably essential and we would ask 1066 once again if they are completely happy and confident in the people they are promoting and supporting and encouraging to enlist the support and involvement of the children of this estate? and this matter is so important we do once again urge them to reply. If 1066 respond to this clear question with a clear yes or no we will post their reply in this space.........................................................................................................................
If they do not I for one will not be entrusting my children to anyone who is not officially trained and registered by the authorities and I suggest everyone who reads this wonders why they refuse to give a clear reply and everyone who has been involved from the beginning will also be aware that it was RLRA who objected to Churchill United not us who objected to them.
Given the above the Panel therefore considers that the meeting originally planned for 11th January should be re convened with as many relevant people as necessary. These may include Darren Horsman (Active Hastings) Ben Wyatt (Youth Development Service) Local wardens and/or PCSO,s local 1066 staff, local councillors and representatives from other useful organisations such as East Hastings Area Management Board the local Football league Hastings Voluntary Action Hillcrest School and Amicus Horizon Community Development Team. This is to be an open meeting for the young people and other residents to attend. It should be chaired independently and minutes taken of the proceedings for circulation to all attendees and publication on the Churchill United website.
I think this is a very fair way forward so long as it is not just a scam. If the intention is to repeat the same meeting without any promises being made then it is nothing more than a poor escape route for 1066 to avoid their responsibilities by saying all past promises are exempt and this cannot be acceptable to any fairminded person or RA. If everyone is going to hear repeated promises like the Playbus is coming then those present should make sure it happens. If anyone present at this meeting wants to provide Churchill United with a recording of this meeting we will gladly post a clear and accurate and totally unbiased account on theavenue website and we hope that this meeting is a success and that this time promises are kept but I remain sceptical and I,m not alone in that 1066 have a very poor track record when it comes to keeping promises.
Employment Opportunities
You (G.Morgan) advised the panel that promises of employment had been made by staff of 1066 but had not been fulfilled.
The panel noted that a complete list of names provided was passed to our contractor Booker and Best. The panel however advised that no individual member of staff is in a position to offer employment at 1066. Advertising interviewing and recruiting staff is dealt with by Insight on behalf of the Amicus Horizon Group.
Hopefully this means that 1066 staff will no longer breach those rules and perhaps 1066 would like to tell us for our website exactly how many of those teenagers actually got the promised interviews? the answer is 0.
Police and Wardens
You advised the panel that 1066 staff were directing police and wardens against you. This issue was discussed at the panel but as you were unwilling to discuss specific details and name any individuals involved the panel could not take this matter any further. At your request this discussion was not minuted.
It would be impossible for me to provide names of 1066 staff and ill advised but this is another section of the panel hearing where our record differs from that of 1066. Our record suggests that the reason parts of that meeting were not minuted was because the discussion referred to the supervision of children by people who were not suitable or properly trained for the task.
Other Issues raised at meeting.
Void Standards.
The panel agreed to pass Mr Morgans comments to the neighbourhood teams and the Continuous Improvement Group who will be considering the voids at their next meeting.
Disabled access to pavements outside properties in Churchill Avenue
As agreed at the panel hearing we have contacted East Sussex County Council who confirm that provision of disabled access is in fact their responsibility. They have already investigated and closed the matter as not being practical.
Actually the agreement at the panel hearing was that 1066 would write to East Sussex County Council supporting our request for Disabled Access to properties in Churchill Avenue as originally promised by Christine Cope. It is a great shame that they do not appear to be doing so and if they are now aware of ESCC intention not to provide that access perhaps they would agree that it is not appropriate to house disabled tenants here in the first place.
The panel acknowledge that in reviewing this complaint if notes had been kept at the meetings in November detailing what had been agreed we may have avoided the misunderstandings that occurred.
We fully agree with the panel on this point and thank them for hearing our complaints.
There were a number of other things brought up at the meeting that 1066 dismissed as having been dealt with such as; 1.)Lock changes. 2.)State of interior decoration for new tenants. We are not suggesting that they have not dealt with these matters only that they are refusing to say how they have dealt with them. We are passing all of our original complaints to the Ombudsmans office today 04th June 2007. This is a slow process but when we receive a decisin from them we will post it here.
This completes the last stage of our complaints procedure. If you are unhappy with the response you may wish to contact the Housing Ombudsman Service 81 Aldwych London WC2B 4HN Please find enclosed a leaflet explaining the service the Ombudsman provides.
Churchill United is a Limited Company Registered at Companies House. Company Registration No:061332041 Charity Reistration No: Pending contact churchillunited@hotmail.co.uk Tel:01424 712731