Summary: The Ombudsman cannot investigate Mr X’s complaint about the service he received from the Council’s energy company. This is because the complaint does not concern an administrative function of the Council; it therefore falls outside our jurisdiction.

The complaint

1. The complainant, Mr X, complains about the service and delay in responses by an energy company owned by the Council. He also complains their charges are too high.

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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 complaints about a local authority’s actions which are not in connection with the exercise of its administrative functions. (Local Government Act 1974, section 26(1), as amended)

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How I considered this complaint

4. I reviewed Mr X’s complaint and the energy company’s response.

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What I found

5. The Council owns an energy company which provides heating and hot water to residents and businesses across South London. Mr X joined the energy company but is not happy with the service he has received. He also questions whether the company’s prices are fair and competitive. Mr X complained to the company and the company referred him to us.
6. Although the Council is a body within our jurisdiction the actions of the energy company on its behalf are not related to its administrative functions. The relationship between the Council/its company and Mr X is one of energy supplier and customer and the law does not allow us to investigate complaints in these circumstances.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because the complaint does not concern an administrative function of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman