Summary: There is no evidence of fault by the Council. The complainant says the Council should have monitored work once she raised complaints and as it did not, she has been put to time and trouble overseeing the works. The contract for the energy efficiency grant did not any include any requirement for the Council to monitor works and specifically referred to dispute resolution by adjudication or court.

The complaint

1. The complainant, Ms X, complains the Council did not monitor the work or respond to her complaints about work carried out to her house under a grant for energy improvement works.
2. Ms X wants the Council to pay compensation for the impact the failures have had on her.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I read the papers put in by Ms X and discussed the complaint with her.
6. I considered the Council’s comments about the complaint and any supporting documents it provided.
7. Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

8. Ms X was approved for an energy efficiency grant administered by the Council. This meant that she got a grant that fully paid for an air source heat pump, internal wall insulation, solar panels and ventilation to her privately owned property.
9. Ms X signed a contract with the installer. The contract says the Council had entered into a master contract with installer to vary out the works. It says ‘it is agreed the installer will invoice the customer upon completion of the works and on delivery of the warranty. The Council will pay the remainder of the price directly to the installer. The Council has no further liability to the contractor or the customer in respect of this contract’. The contract says ‘the customer or installer can start court proceedings or use an adjudication scheme to settle any disputes’.
10. Ms X complains that there was inadequate monitoring of the process of the work carried out to her house. Ms X also says the Council’s response to her complaints about the work were inadequate.
11. Generally, complaints about the quality of the work should be directed to the installer. Although the council provided the grant the contractual relationship was between the Ms X and the installer. This is explained in the contract which specially says the Council has no liability to the customer other than paying the installer once the works were complete and the warranty delivered. So, I find no fault on this point.
12. Ms X did complain to the installer and received compensation, along with remedial work. Ms X says the air source heat pump still trips out.
13. Mrs X explained to me on the telephone that she wishes to specifically complain the Council gave her the wrong information. She says that Council said to her that once the works were done they would have nothing to do with it. Ms X says that this was not true, as she is aware the Council met with the grant company monthly and they discussed her complaint.
14. I understand Ms X’s frustration but it is clear from the contract and the advice she says was given to her by the Council that complaints about the quality of the work should be made to the installer. I do not consider that if the Council met with the installer and discussed her complaint this means that when the Council said complaints should be made to the installer, it was wrong. It is clear from the contract that any disputes should be taken to court or the adjudicator, not the Council.

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Final decision

15. I have completed my investigation. This complaint is not upheld as there is no evidence of fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman