Guidance on facilitated complaint resolution regarding Heat Network disputes
Under the current emergency legislation for Heat Networks, there are presently no charges for case fees imposed on heat suppliers for complaints regarding the EBRS/EBDS. However, it's important to note that this could be subject to change once heat regulation is established.
In normal circumstances of when we accept a dispute, the heat supplier will receive an automated notification email from our Case Management System (CMS). They’ll be asked to respond by either sharing a case file with their views and evidence, or by making an offer to resolve things directly with the domestic or microbusiness consumer.
After receiving the notification email, heat suppliers will have 18 calendar days to agree a resolution directly with the domestic or microbusiness consumer. The Facilitated Complaint Resolution process (FCR), enables heat suppliers to achieve quick and efficient resolutions. When an FCR is achieved, we would charge heat suppliers a reduced case fee to reflect the level of service provided by Energy Ombudsman.
In most cases, the FCR process has worked very well. In energy, over 25% of domestic and around 5% of non-domestic disputes are resolved through FCR. In communications, FCR is successful in over 20% of domestic cases and over 5% of non-domestic. There have also been some problems. In approximately 5% of disputes resolved by FCR, we find that the agreed resolution either hasn’t been implemented or doesn’t resolve the underlying issue. This results in further frustration for the consumer and increased cost for the heat supplier as we then have to charge both for the failed FCR and the full consideration case fee.
As we want to encourage the use of FCR, our team have been working with service users to try to bring these disputes to their conclusion. Given this additional work isn’t part of the FCR process we ask those who use our scheme to ensure that:
Where action on the resolution isn’t confirmed by a heat supplier within 28 days we’ll re-open the case. Where the heat supplier confirms that the resolution action’s been taken, but the domestic or microbusiness consumer raise concerns, most cases will be reopened. All such cases automatically progress to the consideration stage.
How do heat suppliers confirm FCR has been implemented?
Heat suppliers need to confirm when they’ve implemented the agreed FCR action. This is simply done by clicking the “All resolutions implemented” button on CMS. Heat Suppliers should also upload a copy of the letter sent to the domestic or microbusiness consumer to confirm the agreed actions have been completed. This helps us to assist domestic and microbusiness consumers who contact us after a case has been closed.
If heat suppliers don’t confirm that the resolution has been actioned within 28 days, the system will assume FCR has failed and the case will automatically progress to consideration. The case status will change back to “prepare case” stage and the heat supplier will be asked to provide a case file.
Where concerns are raised about resolutions, we check that:
Where there’s disagreement around the agreed actions having been implemented or whether the root cause of the problem has been addressed, cases will progress to full consideration.
The FCR process is designed for situations which can be resolved within 28 days, it’s not suitable for resolutions that are likely to take longer. This is because the domestic or microbusiness consumer is likely to be dissatisfied with any significant delay, requiring us to consider the matter in full. Heat suppliers should avoid proposing cases for FCR where the resolution(s) are likely to take more than 28 days to implement.
We appreciate that in some cases, heat suppliers agree resolutions which are delayed for reasons beyond their control. We take the view that if the domestic or microbusiness consumer is happy to wait slightly longer than 28 days, then there is no need for us to carry out consideration of the case. This is on the assumption that the outstanding actions are likely to bring the dispute to a conclusion.
It will be the heat supplier’s responsibility to agree to any delay with the domestic or microbusiness consumer and to request a resolution extension from us. In these circumstances heat suppliers need to keep the domestic or microbusiness consumer and us updated on progress until the required work is completed.