Heat Networks - Time and Trouble Awards

This guidance sets out Energy Ombudsman’s approach to ‘Time and Trouble’ awards by exploring general decision-making principles and financial awards for corrective action. In sharing our approach, we hope to help Heat Network Suppliers in considering how they might better deal with complaints directly.

General decision-making principles

Our main aim is to resolve disputes in a way that restores consumers to their pre-problem position.

Where it’s possible we’ll ask Heat Network Suppliers to correct what went wrong. This can include making awards that recognise the financial impact of an error. We call this ‘Corrective Action’.

Heat Network Suppliers should be able to address most problems. However, there are consequences such as time spent complaining, frustration, worry, or upset, which we sometimes prescribe financial awards to acknowledge. We call these ‘Time and Trouble’ awards.

Our conclusions aren’t designed to punish the Heat Network Suppliers, but to award the consumer based on the impact of the problem.

Corrective Action, Time and Trouble awards, and Impact are explored in more detail below:

Corrective Action

Where we conclude that a domestic or microbusiness consumer has been treated unfairly, we’ll require a resolution that returns them to their pre-problem position. Examples of such corrective action include:

• Correcting billing issues in relation to the Energy Bill Relief Scheme
• Covering expenses incurred as a result of a Heat Network Supplier’s error or omission (e.g. bank charges)

‘Time and Trouble’ awards

If a consumer has been put to time and trouble by a Heat Network Supplier’s error or omission, it might be appropriate for them to provide an apology and / or a financial award. We base the appropriate award on certain criteria.

Time

‘Time’ refers to the inconvenience, hassle, and irritation caused to a consumer by a Heat Network Supplier’s actions. Examples of their time being negatively impacted could include:

• Having to call their Heat Network Supplier repeatedly to request information.
• Spending an unreasonable amount of time trying to resolve the problem.
• Not receiving (appropriate) responses to complaints or requests and having to follow up.

Trouble

‘Trouble’ refers to the disappointment, worry, anxiety or upset caused by a Heat Network Supplier’s behaviour. Examples of Heat Network Suppliers behaviour being the cause of trouble might include:

• Repeatedly calling the consumer when they’d requested no further contact
• Sharing the consumer’s sensitive personal information with an unauthorised third party.

Impact

Our awards recognise the impact of the problem on the consumer, not the perceived scale of the error. The same mistake can impact consumers in very different ways. Examples of how Heat Network Supplier’s behaviour might impact consumers differently could include:

• A Heat Network Supplier sending a large incorrect payment demand might impact a consumer in financial difficulty much more than one in excellent financial shape
• The frustration, uncertainty and worry caused by the Heat Network Supplier failing to make a promised call back regarding the payment demand, would likely have a more detrimental impact on the consumer in financial difficulty than the one in excellent financial shape.

Corrective action awards

Corrective action awards should reflect the impact of the time and trouble suffered. Whilst there’s an element of subjectivity and judgement involved, our Dispute Resolution Executives assess the appropriate level of time and trouble using a matrix. This correlates the significance of time and trouble suffered with the relevant award up to a maximum of £400. Whilst we may prescribe corrective action financial awards above this level, it would be rare to award above £400 for time and trouble alone.

Summary

• There are two categories of financial award – corrective action and, time and trouble
• For both categories, awards are based on the impact on the consumers and not the perceived scale of Heat Network Supplier’s error or omission
• Whilst time and trouble awards can be subjective, our Dispute Resolution Executives are guided by a time and trouble matrix.