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Here are the answers to some of the most frequently asked questions about Energy Ombudsman.
What is an ombudsman?
Ombudsmen services are an independent and impartial means of resolving certain disputes outside the courts. They cover various public and private bodies and look into matters after a complaint has been made to the relevant body. An ombudsman is the person who decides what action should be taken when a consumer and a company cannot come to agreement. The ombudsman makes a final decision as a resolution to the problem based on a provisional conclusion prepared by an investigation officer.
Who can complain?
You can use the service if you are a domestic or small business customer. A small business is one that:
- employs fewer than ten people (or full time equivalent) and an annual turnover not exceeding 2 million Euros; or
- which uses less than 200,000 kWh gas per year or 55,000 kWh electricity per year.
To make a complaint to us you must be in one of these categories when the problem you are complaining about began:
- a customer who has a contract with a member company; or
- someone having problems resulting from a member company's sales activities; or
- someone having problems resulting from changing your gas or electricity supply to or from a member company.
If you are a third party (such as a relative or Citizens Advice) representing someone who meets one of these conditions, you must have the person's permission, in writing, to make the complaint.
A customer can still approach the Energy Ombudsman to look at a complaint, even if there is outstanding debt with the energy company.
We understand that complaints can become complicated and that vulnerable customers may need more assistance. We will do all we can to help vulnerable consumers in the way that suits them best.
We can provide translation services if English is not your first language and produce documents in Braille, large print or audio.
Can a customer be penalised for taking a complaint to the Energy Ombudsman?
No. The Energy Ombudsman can only provide a remedy against a member company.
What kind of complaints do you deal with?
We deal with complaints about your energy bills, energy suppliers' sales activities, problems you have as a result of changing your energy supplier, or problems with the supply of energy (for example power cuts).
Is there anything that you cannot deal with?
Yes, there are some areas of complaint that we are not allowed to deal with. These are:
- complaints about an energy company which is not a member of our service;
- complaints about an energy company's sales activity, where the problem happened before 1 September 2007;
- complaints about physical problems to do with the gas or electricity supply to your home (for example power cuts), if the problem happened before 1 April 2008;
- complaints about an energy company which joined the service on or after 1 October 2008, where the problem happened before this date
- problems that we think would be better dealt with by the courts, arbitration services or other complaints procedures;
- problems that are already being dealt with by courts or other complaints procedures;
- employment and staff issues in member companies;
- cases that we consider to be malicious or unjustified;
- commercial decisions made by member companies about whether to provide a product or service, and the terms under which they may be provided. For example, we cannot make an energy company reduce the tariff charges for the energy it provides; and
- disagreements between gas or electricity companies about providing those services.
Sales activities (the face to face selling of energy products / services during the course of a visit to a customer's home by a sales agent or a conversation in a public place between a customer and a sales agent) are covered by the Association of Energy Suppliers (AES) Code of Practice which is an industry code. If your complaint is related to a face-to-face sale of energy services, then you need to go directly to the company concerned and give them the opportunity to remedy the situation. Under the terms of the code, they must investigate your complaint and will advise you on the steps you will need to take to enable them to help you.
When did the service start?
The service started on 1 July 2006. Complaints can only be considered by the Energy Ombudsman if they were first registered with the comapny after that date.
Is the service independent?
Yes. The Energy Ombudsman has a Council (non-executive board) which includes a majority of independent representatives from outside of the industry. The role of the Council is to safeguard the ombudsman's independence and ensure that the business is run in accordance with the annual business plan.
We are a member of the British and Irish Ombudsman Association (BIOA), which recognises us as independent.
How is the service funded?
The service is non profit making and is funded by its members.
How do I complain about the Energy Ombudsman?
The ombudsman's decision is final and there is no appeals procedure if you do not accept the resolution offered, but you can complain if you feel that the we have not adhered to our own practices and procedures by following our complaint procedure. See our service standards for more details. |