1.1 Under the Association’s rules members are required to undertake their work in accordance with the requirements of the inspection and assessment regime. The work must comply with standards that may from time to time be issued or specified by the Association and where appropriate, members must adhere to the Code of Practice.
1.2 One of the requirements of the inspection and assessment is that members have in place a complaints procedure to enable them to resolve complaints properly. Members are expected to deal with their customers in an honest and fair manner and they must also keep a record of the complaints that have been made against them. When being inspected, members will be expected to provide the assessor with evidence to show that such a complaints procedure is in place and is managed effectively. Further guidance on how to establish a proper complaints procedure is available from the association.
1.3 In most circumstances the members’ own complaints procedures should be sufficient to deal with – and resolve – complaints by their customers. However, in a small number of cases each year the Association receives complaints about members directly from their customers. This is often because the customer is not satisfied that their complaint has been resolved.
1.4 Without detailed investigation it is often difficult to discover whether the complaint is a legitimate concern about the standard of work which the member has carried out, or whether the parties are simply in dispute about the terms of their contractual arrangements.
1.5 As a reputable trade association, however, the Association has an obligation to address such complaints and to deal with them fairly. It has therefore established a procedure for dealing with such matters. This is set out below.
2.1 The starting point of any complaint is that it must be in writing. This provides customers with the opportunity to tell the Association about the problem. For reasons of fairness the Association will not deal with a complaint that is dealt with orally; instead it will ask the customer to write in with the details of the matters complained about, and send any relevant correspondence and contractual documents.
2.2 A party wishing to make a complaint to the Association about a member should in first instance write to:
The Association Secretary
Kitchen Bathroom & Bedroom Specialists Association
Unit L4A, Mill 3
Pleasley Vale Business Park
Mansfield
Nottinghamshire
NG19 8RL
Email: complaints@kbsa.org.uk
2.3 Receipt of the complaint will be recorded and will be acknowledged by the Association within five working days of receipt. If not already provided, the complainer will be asked at the time of acknowledgement to provide copies of all documentation and other evidence that may be relevant.
3.1 The member will be advised verbally that a complaint is being made against them in advance of formal receipt of the complaint by the KBSA.
3.2 On receipt of the information requested, the Association will write to the member concerned with details of the complaint asking for comments on the allegations made. The member will be asked to respond within 14 days.
4.1 It is often difficult to make a distinction between whether a matter referred to the Association is a complaint involving an allegation that a member has fallen short of the quality and standards required of them under the Associations rules, or whether the party referring the matter is seeking the Associations assistance in resolving the dispute.
4.2 In general the Association is not able to provide a resolution service where disputes arise between members and their customers. Such matters are properly dealt with under the dispute resolution procedures contained with the contracts between the parties. However, the Association does provide a formal process of dispute resolution in two circumstances:
4.3 All members who provide services directly to the customers must comply with the Association’s Code of Practice. (This does not apply to those who are acting as sub-contractor to another contractor.) Under the Code, the Association provides two levels of dispute resolution process – Conciliation; and a specialised arbitration scheme offered through IDRS.
4.4 Both parties will be offered a conciliation service (free of charge), to be carried out by Association staff. The conclusion of conciliation will be confirmed in writing to both the customer and the member. Recommendations arising from conciliation are not legally binding on the parties.
4.5 If the dispute cannot be resolved by conciliation then the parties can refer the matter to arbitration under the Associations Scheme with IDRS provided both parties agree in advance to accept the arbitrator’s findings. Please contact the Association for details of the Arbitration process.
4.6 If the work complained of is subject to the KBSA Code of Practice (which applies to all members who are providing services directly to customers), Association staff will evaluate whether there has been a break in the Codes provisions and will report to the KBSA Board.
4.7 Should conciliation or arbitration or any other appropriate measures undertaken by the Association fail to bring about resolution and therefore remains failure on the part of the member to comply with standards laid down by the Association (or should the member fail to adhere to any redress arrangements recommended by the arbitrator) then a report will be submitted to the Association Secretary. This may then be referred to the Association’s Conduct Committee.
4.8 The Conduct Committee has power to investigate and make recommendations to the Association’s Council about members who do not comply with the requirements of Association membership, including non-adherence to the Code of Practice and other standards adopted under the Rules of the Association. Penalties will depend upon the nature of the offence, and Council has a range of powers available to it, including resolution to suspend or expel.
4.9 A member will be given at least 28 days written notice, with reasons, of an intended resolution to suspend or expel, and will be entitled to make representations in writing or in person at the Conduct Committee or Council at which the resolution is to be considered.
4.10 In the context of expulsion the member will be notified of Council’s decision within 14 days of a resolution being considered.
4.11 A member has the right of appeal against Councils decision to expel – but following receipt of the resolution must give first the Association 28 days notice in writing of his intention to do so. The decision of the arbitrator will be final and binding on both parties.