STAIRs Update: Housing Ombudsman consults on its role under STAIRs

On 30 September 2025, the Government published a policy statement on the Social Tenant Access to Information Requirements (STAIRs), confirming the Housing Ombudsman as the designated complaints body for STAIRs-related matters. 

The policy statement advised that the Housing Ombudsman will investigate complaints where tenants are dissatisfied with how a Private Registered Provider of Social Housing (PRP) has handled a STAIRs information request, or where a PRP has failed to proactively publish information as required. 

The Housing Ombudsman has now introduced a new Section 2B into the Housing Ombudsman Scheme to reflect its role under STAIRs and has opened a consultation on the suitability of this new section. 

Summary of new Section 2B of the Housing Ombudsman Scheme 

Who can use the Housing Ombudsman Scheme for STAIRs complaints? 

The following individuals may bring a STAIRs complaint to the Housing Ombudsman about a member PRP: 

• Social housing tenants of a member of the Housing Ombudsman Scheme. This includes licensees and others in a landlord-tenant relationship with a PRP, including shared owners (but excluding 100% leaseholders).
• Former social housing tenants, provided they were tenants at the time they made the STAIRs information request or review request.
• Authorised representatives acting on behalf of a social housing tenant.
• Representatives acting for tenants without capacity, where the Housing Ombudsman is satisfied that the representative has legitimate authority.
• Any person otherwise authorised to make a complaint on behalf of a social housing tenant. 

The Housing Ombudsman may investigate complaints together where they are against the same PRP and concern sufficiently similar issues, provided the outcome would not differ. The Housing Ombudsman may also accept group complaints where the facts and issues are the same. 

Referral of complaints back to PRPs

The Housing Ombudsman may refer a complaint back to a PRP at any point if it considers there remains a reasonable opportunity for the dispute to be resolved through the PRP’s own processes. 

Where a complaint is referred back, the PRP may be required to report to the Housing Ombudsman on the steps taken and the outcome of the resolution within a timescale set by the Housing Ombudsman. 

What constitutes a STAIRs complaint? 

The Housing Ombudsman will only investigate complaints relating to: 

• A failure to proactively publish information in accordance with Chapter 1 of STAIRS;
• A failure to disclose information following a STAIRs information request; or
• The handling of a STAIRs information request or review request. 

To be duly made, a STAIRs complaint must: 

• Be referred to the Housing Ombudsman;
• Have exhausted (or deemed to have exhausted) the PRP’s STAIRs review procedure;
• Not have been referred back to the PRP for resolution;
• Fall within the Housing Ombudsman’s jurisdiction; and
• Not have had jurisdiction declined by the Housing Ombudsman. 

Complaints the Housing Ombudsman cannot consider 

Under Section 2B, the Housing Ombudsman cannot consider complaints which: 

• Are not referred by a person entitled to use the Housing Ombudsman Scheme;
• Do not relate to STAIRs complaints against a PRP which is a member of the Housing Ombudsman Scheme; or
• Concern matters that are, or have been, the subject or court proceedings where judgement was given on the merits. 

Complaints the Housing Ombudsman may decide not to consider 

The Housing Ombudsman may also decline to investigate complaints which, in its opinion: 

• Are brought before the PRP’s STAIRs review procedure has been exhausted (unless there is evidence of review-handling failure);
• Are referred more than three months after the PRP’s STAIRs review procedure was exhausted;
• Were not raised with the PRP within a reasonable timeframe (normally three months of the issue arising);
• Could have been, or were, raised as part of legal proceedings;
• Would be better pursued under another information access regime;
• Fall within the jurisdiction of the Information Commissioner’s Office or another regulatory body;
• Raise legal issues better determined by a court or tribunal;
• Are pursued in an unacceptable manner;
• Seek to reopen matters already decided by the Housing Ombudsman or another appropriate authority; or
• Seek outcomes outside the Housing Ombudsman’s powers.

How the Housing Ombudsman will investigate 

The Housing Ombudsman will determine complaints by reference to what it considers fair in all the circumstances. It will decide how to investigate each complaint, is not bound by strict rules of evidence, and must publish information about its investigation procedures.

Determinations will set out:

• The nature of the complaint and the information requested or not published; and
• A summary of the PRP’s response, unless confidentiality requires otherwise.

The Housing Ombudsman may undertake further investigation where evidence suggests a systemic failing, in which case the matter may be referred to the appropriate regulator.

What the Housing Ombudsman investigates 

In assessing complaints, the Housing Ombudsman will consider whether the PRP has committed maladministration, including service failure or severe maladministration. This may include circumstances where the PRP:

• Failed to proactively publish information as required by STAIRs;
• Failed to respond properly to information requests;
• Mishandled STAIRs reviews;
• Failed to follow Ombudsman recommendations or guidance; or
• Acted unfairly, unreasonably, or incompetently.

The Housing Ombudsman may discontinue an investigation where it is no longer within jurisdiction or where adequate redress has already been provided, resulting in a finding of reasonable redress.

Outcomes following investigation 

Following an investigation, the Housing Ombudsman may uphold or reject the complaint and issue orders or recommendations, including requiring the PRP to:

• Publish or disclose information;
• Respond within a specified timeframe;
• Reconsider a decision;
• Apologise;
• Pay compensation;
• Review or amend policies or practices; or
• Take other reasonable steps to provide redress within its legal powers.

Guidance will set out the grounds on which either party may request a review of the Housing Ombudsman’s determination.

Next steps 

The consultation is open to Private Registered Providers, tenants, and other interested individuals and groups until 17 March 2026.

The Housing Ombudsman will review consultation responses and update the Scheme between March and May 2026, with publication and Secretary of State approval anticipated in summer 2026.

You can respond to the consultation here.

If you would like any further information on STAIRs, please contact Hetal Ruparelia or Georgia Maskell.