Summary: We will not investigate this complaint about a Council scheme to promote the installation of solar panels. That is because there is insufficient evidence of fault to justify investigating.

The complaint

1. Mr X complained about a Council scheme which promoted the installation of solar panels. He said there were delays because the approved installer could not supply the correct solar panels. He said the Company responsible for administering the scheme then decided to end its contract with that installer and introduce a new installer.
2. He said because of that the cost of installing the solar panels had increased and he had lost the opportunity of generating income form energy sales. He wants compensating £1500 for the increased installation cost and loss of income.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, and
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council works in partnership with a company (the Company) to promote the installation of solar panels. Residents register their interest in buying solar panels with the Company. It then holds a reverse auction, where previously approved installers bid for the contract to install the solar panels. Following that, registered residents can choose whether to enter a contract with the installer to have the solar panels installed.
8. We have no jurisdiction to investigate Mr X’s complaint about the delays he experienced with the installer. That is because the installer was not completing an administrative function on behalf of the Council.
9. Mr X is also unhappy about the Company’s decision to end its contract with the installer. He said that it took that decision without consultation and that he had agreed with the installer it would install the solar panels in March 2022 at the previously agreed price.
10. We will not investigate this complaint further. The Company decided to end its contract with the installer as it could not fulfil its contractual obligations. There is insufficient evidence of fault in how it made that decision to justify our investigation. If Mr X is unhappy with the new cost of the solar panels, he can choose not to have them installed.
11. Mr X also wants compensation for lost revenue through energy sales. It is not the role of the Ombudsman’s to provide compensation for potential lost revenue therefore we cannot achieve the outcome Mr X wants.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman