What is the Energy Ombudsman?
It is the independent body that resolves disputes between customers and their energy companies associated with billing and transfer, service and sales and distribution issues. Ombudsmen 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. The term 'Ombudsman' should only be used if four key criteria are met. These criteria can be viewed here.

When did the service go live?
The service started on 1st July 2006. Complaints can only be considered by the Energy Ombudsman if they were first registered with the comapny after that date.

Who are Energy Ombudsman?
Elizabeth France is the Chief Ombudsman.  She is supported in her work by a team of Ombudsmen.

Who can use the service? 

Domestic customers who have experienced problems with companies that provide gas or electricity to their homes.

Small businesses which:

• employs fewer than ten people; or
• which uses less than 200,000 kWh gas per year or 55,000 kWh electricity per year; or
• where the annual turnover is less than 2 million euros.

Is the service independent?
Yes. The Service 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 accordnce with the annual business plan.

What about complaints relating to sales activity for energy companies (i.e. how a customer was sold their energy). Can the Ombudsman investigate such cases?
Yes, if the sales activity you are complaining about happened after 1 September 2007. If the sales activity was before this date then no, these types of complaints are not handled by the Energy Ombudsman. Sales activities (i.e. the face to face selling of energy producst / 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.

Can the Ombudsman look at complaints about issues such as power cuts?

Yes, if one of our members is involved. The problem must have happened after 1 April 2008.

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, where 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.

What level of compensation will a customer be entitled to?
The Ombudsman has the power to require the company to provide a financial award to consumers based on the case evidence presented. If a financial award is needed, this will be the amount that the Ombudsman considers necessary to settle a particular dispute. The absolute maximum that can be awarded is £5,000. However, for the majority of cases, a considerably lower figure is usual.

What remedies can the Ombudsman prescribe?
Remedies usually include a service or some practical action that will benefit the customer, an apology or explanation or and / or a financial award.

How is the service funded?
The service is non profit making and is funded by its members.

How long does it take for the Energy Ombudsman to come to a conclusion?
This will depend on the nature of the complaint, its complexity and how long it takes to gather the supporting information. It is normally expected that a provisional conclusion will be reached within 6 weeks.

What if a customer wishes to raise a complaint against their energy company but is also in debt to their company?
It makes no difference. A customer can still approach the Ombudsman to look at a complaint, even if there is outstanding debt.

How are complaints about the Energy Ombudsman handled?
If a party considers that the Energy Ombudsman has not adhered to its own practices and procedures, a complaint letter should be sent to the Chief Operating Officer.  If, after doing this, no resolution can be achieved, the complaint can be passed to the independent adjudicator.  See our Service Standards for more detail.

There can be no appeal against an Ombudsman's final decision however consumers can choose not to accept the decision and to seek redress using another route.

How are cases considered?
Once a case is determined to be within the scope of the service, evidence is gathered from the complainant and the company and is considered by an investigating officer. A Provisional Conclusion is reached which is sent to both the complainant and the company. The parties can either accept the Provisional Conclusion or submit further representations. Following the receipt of any further representations, all the material related to the case will be considered by the Ombudsman, she shall then issue the final decision.

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.

Can the Energy Ombudsman influence the way companies do things?
Yes. The Energy Ombudsman can recommend changes to existing practice and procedure within companies, particularly if certain complaints continue to arise or trends emerge. In addition, the Ombudsman will publish anonymous summaries of complaints on this website.

Can the energy company choose not to accept the Energy Ombudsman's final decision?
No. If the complainant accepts the decision, the member company is bound to accept it and provide the remedy. Part of joining the service requires the company to sign a Deed Poll saying it will abide by the Energy Ombudsman's decision.

Which companies are members of the service?
See the members section of our website for an up to date list of members.

Can other energy companies join?
Yes. Any company can join the service. If other companies request to join then consideration can be given to the details of the cost to them and their representation in the management of the service.

What happens if a non member is involved in a switching company case?
The case can still be considered if a member is also involved, but only if a complaint is directed against the member company and there will only be a remedy if the member is at fault. There is no provision to enforce a remedy against a non member.

Does the service cater for ethnic minorities and the blind?
Yes. Translation services are available, as is the conversion to Braille, large print or audio.

What about other vulnerable customers?
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. 

Can third parties represent complainants?
Yes. Customers can choose to allow a third party to represent them. This could be an individual (a relative or neighbour) or an organisation (Citizens Advice). The complainant provides authority for the representative during the initial steps of the Energy Ombudsman's process.

What is deadlock?
This is the point at which the company and the customer cannot reach agreement, having explored all possible alternatives and approaches to dealing with a particular problem.  If this happens, the company will send the customer a deadlock letter. Once issued, the customer can then approach the Energy Ombudsman to examine the complaint. If a deadlock letter is issued, then you have six months from the date to come to us.

What are the prerequisites for a deadlock letter being provided?
Four criteria have been identified which constitute deadlock:
• there is no new information to be gained on the complaint from either the customer or the energy company; 
• the complaint escalation processes have been followed;
• the customer and the company still cannot agree to a resolution within the company's complaint procedures; and
• having more time will not improve this position.

What happens if a deadlock letter is not received?
The company has 8 weeks after the complaint was first raised to solve the problem. If the company became a member of the Energy Ombudsman on or after 1 October 2008 it has 12 weeks to solve the problem. After this period the Energy Ombudsman can accept a complaint without a deadlock letter.

How will the Energy Ombudsman be publicised?
The member companies will include it as part of their complaint processes and will put contact details on their websites. The main consumer bodies will be briefed on the service and its scope and use.

If a customer chooses not to accept the Energy Ombudsman's decision where do they go next? 
The complainant may choose any other route available including the courts.

What steps must a customer go through before going to the Energy Ombudsman?
The complainant must go to their energy company and register the complaint with them. The company will then progress the complaint through its own complaint processes. If agreement cannot be reached a deadlock letter will be sent to the complainant from the energy company. This provides a starting point for the Energy Ombudsman process.