6. The Energy Ombudsman
The Energy Ombudsman is an independent body approved by Ofgem. The Ombudsman resolves disputes and complaints after negotiations have failed. It operates across the UK and its schemes offer members of the public a relatively informal and cheap alternative to civil litigation.1R (on the application of Thakerar) v Ombudsman Service Energy [2013] EWHC 2283 The Ombudsman covers problems related to:
•energy bills;
•sales activity;
•switching gas or electricity supplier;
•the supply of energy to a home, such as power cuts and connections;
•micro generation and feed-in tariffs.
So far in 2024, the main complaint categories sare billing, smart meters and customer service.2Energy Ombudsman, Energy Ombudsman releases updated complaints data for 2024, 5 September 2024 This reflects the same pattern as 2023. You can only refer your complaint to the Ombudsman if you have tried to resolve it with your energy provider but have received a ‘deadlock letter’ (see here) or eight weeks have passed since you first made your complaint to your provider. The Energy Ombudsman expects you to have fully exhausted the supplier’s complaints process first. If you have been unable to resolve your complaint with your supplier within eight weeks, you can escalate your complaint to the Energy Ombudsman. You can use the online complaints service at ombudsman-services.org. Be clear what you are complaining about and what you would like the outcome to be. It is useful to include a chronology of events, listing key events in date order. This provides a summary of what happened and when. If you have incurred financial losses, submit copies of receipts, bills and invoices you have had to pay to corroborate what you claim.
If the Ombudsman decides to make an award, and you accept it, your supplier must abide by the decision. The Ombudsman can ask your supplier to provide any or all of the following:
•a service or some practical action that will benefit you;
•an apology or explanation;
•a financial award up to £10,000 (£10,000 is only payable in exceptional cases; normally awards are much lower).
All of the UK’s major energy providers are members of the Ombudsman scheme, which means they must abide by any decision that it makes about your complaint. If, however, the supplier does not follow the Ombudsman’s recommendations, it may be reported to Ofgem for action. In 2019, Ofgem ordered Scottish Energy to repay £1.97 million to 157,236 customers after overcharging.
It is possible to ask for the Ombudsman’s decision to be reviewed if you are unhappy with any aspect of it. The Ombudsman is required to meet the requirements laid down in the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
There is a limit to the legal issues which the Ombudsman can consider – eg, if an examination of the application of common law contractual concepts or the interpretation of contractual terms is involved. The Ombudsman cannot investigate complaints that have already been to court or are due to go to court. If you have started court proceedings, the Ombudsman may be able to help if you abandon, stay or suspend the court proceedings. You cannot seek compensation under the Ombudsman scheme and continue to take civil proceedings.3R (on the application of Thakerar) v Ombudsman Service Energy [2013] EWHC 2283 For more information, visit .