Summary: The Ombudsman cannot investigate Mr B’s complaint about matters relating to the Council’s energy company as it falls outside our jurisdiction. This is because the Council is not acting in an administrative capacity and the relationship between the parties is of energy supplier and customer.

The complaint

1. The complainant, who I refer to as Mr B, says the Council has not properly addressed his complaint about the service he received from the energy company the Council formed with the City Council. He says he feels discriminated against and left out of pocket as a result of a missed appointment.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if it is about certain types of commercial transactions. (Local Government Act 1974, Schedule 5/5a, paragraph 3, as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision.

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What I found

5. The Council and the City Council formed a not-for-profit domestic energy company. Mr B, who is disabled, says he joined the company, believing he would get a good quality service because the local authorities were involved.
6. Problems arose concerning a missed meter instalment appointment and an increase to Mr B’s direct debit payment. The company apologised and paid Mr B £30 and £25 for the two incidents by way of a goodwill gesture.
7. Unhappy with the service provided to him, Mr B complained to the Council. It told him the best way for his concerns to be addressed was via the energy company’s complaints procedure. It also told him of his right to contact the Energy Ombudsman if he remained dissatisfied with the company’s response to his complaint.

Assessment

8. The restriction highlighted at paragraph 2 applies to Mr B’s complaint. Here the relationship between the Council and Mr B is of energy supplier and customer and the Council is not acting in an administrative capacity. This places the matter outside our jurisdiction.
9. The Council acted correctly in advising Mr B that he could pursue his complaint through the energy company’s complaints procedure and to the Energy Ombudsman.

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Final decision

10. The Ombudsman cannot investigate this complaint as it falls outside our jurisdiction. This is because the Council is not acting in an administrative capacity and the relationship between the parties is of energy supplier and customer.

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Investigator's decision on behalf of the Ombudsman