Dispute resolution processes for feed-in tariff complaints raised by generators
Updated 24 June 2021
The delivery of the Feed-In Tariffs (FIT) scheme involves a number of different organisations and processes. To help you find the right organisation to get your issue resolved, this guidance outlines the complaints and query procedures for each of the organisations involved, according to the types of issues that may be raised by people who generate electricity supported by FIT, classed as “FIT Generators”.
Although this guide is for FIT Generators, it should be noted that only the owner of the installation or those who have been assigned FIT Payment rights (nominated recipients) may complain/raise a dispute. For those who have been assigned rights, the dispute resolution process may be limited because of data protection issues, and in those circumstances the owner of the installation would be required to take the complaint/dispute forward.
Complaint about your FIT Licensee
Types of issue
- disputes or delays in registration of installation
- delays in issuing/ processing of FIT payments
- miscalculation of FIT payments
- incorrect advice on FIT
The process
1. Contact your FIT Licensee in the first instance – your complaint will be dealt with according to their complaints process, which should be set out in your contract with them – the Statement of FIT Terms - and be available on their company website.
2. If you are a domestic or micro business FIT Generator and a mutually agreeable outcome has not been reached after 8 weeks from the complaint being lodged, you may refer your complaint to the Energy Ombudsman[footnote 1].
3. Once the Ombudsman has received a complaint it will consider whether the supplier has been given sufficient time to deal with the complaint and also assess whether the complaint falls within the remit of the Ombudsman. If the Ombudsman takes on the case it will investigate and make recommendations to rectify the situation. The FIT Licensee then has up to 28 days to action any recommendations by the Energy Ombudsman.
Find information about an installation on your property that is, or may be, accredited under the FIT scheme
Types of issue
- whether the installation at the property is registered to receive FIT support
- the identity of the FIT Generator (ie the individual or company registered as the owner of the installation)
- the identity of the FIT Licensee making payments to the FIT Generator
The process
1. You can submit an Ownership Register Query (ORQ) to the Ofgem Central FIT Register (CFR) team at CFR.SAR@ofgem.gov.uk. You will be required to provide documentary proof of identity or other appropriate documentation, as requested by Ofgem before information can be released.
2. If the release of data is refused on data protection grounds, you can escalate the matter by contacting the Information Commissioner’s Office.
Request information held by Ofgem
For information not covered by an Ownership Register Query (ORQ)
Types of issue
- Subject Access Requests (SARs)
- Freedom of Information (FOI) requests
- Environmental Information Regulations (EIR) requests
The process
1. You can make a SAR, FOI request or EIR request to the Ofgem information request team at information.rights@ofgem.gov.uk. You can also contact us to make an EIR request on 020 7901 7295.
2. If you are making a SAR, you will be required to provide documentary proof of identity or other appropriate documentation, as requested by Ofgem, before information can be released.
3. If the release of data is refused on data protection grounds, you can escalate the matter by contacting the Information Commissioner’s Office.
Complaint about information held on the Central FIT Register (CFR)
Types of issue
- disputes relating to information contained on the CFR
The process
1. If you dispute the information being held on the CFR, you should first raise this with your FIT Licensee, who will attempt to resolve your issue by updating the CFR themselves.
2. If your FIT Licensee refuses to change information contained on the CFR, you can then request that Ofgem review your proposed change by contacting the FIT Register team at:
FIT Register Team
Commonwealth House
32 Albion Street Glasgow
G1 1LH
Email: FITRegister@ofgem.gov.uk
3. If a mutually agreeable outcome is still not reached, you should lodge a complaint with Ofgem at:
Ofgem Complaints
Commonwealth House
32 Albion Street
Glasgow G1 1LH
Email: Feedback@Ofgem.gov.uk
i. Once received, your complaint will be acknowledged within 2 working days.
ii. Ofgem will reply with the outcome of your complaint within 20 working days. If it is not possible to reply in that time, Ofgem will write to update you on the progress of your complaint within 20 working days.
iii. If you think the response is unsatisfactory, please contact Ofgem by email at feedback@ofgem.gov.uk or write to the complaints address above. Ofgem will then respond to you within 20 working days.
4. If you are still not satisfied, you can take your complaint to the Parliamentary and Health Ombudsman who carries out independent investigations into complaints about public bodies.
Complaint about Ofgem
Types of issue
- delays in accreditation for installations that apply through the ROO-FIT[footnote 2] process
- appeals around installations deemed not to meet the FIT criteria
- appeals where generators feel they have unfairly been withdrawn from the FIT scheme
The process
1. Where you have a complaint or dispute about a decision made by Ofgem, the complaint or dispute should be lodged with Ofgem Complaints (details given above).
2. If you are still not satisfied, you can take your complaint to the Parliamentary and Health Ombudsman who carries out independent investigations into complaints about public bodies.
3. If the dispute or complaint instead concerns a decision made by your FIT Licensee rather than by Ofgem, follow the process listed in either Complaint about your FIT Licensee or Complain about your FIT Licensee regarding information on the CFR, depending on the specific issue.
Complaint about your Energy Performance Certificate (EPC)
Types of issue
- concerns about validity of certificate
- issues with information on the certificate
- concerns about manner or quality of survey
- concerns that you did not know you needed an EPC, or weren’t told by your installer that it had to be Level D or above and issued before your solar installation was commissioned to qualify for the higher FIT tariff
The process
1. All complaints about an EPC should initially be discussed with the energy assessor who carried out the assessment. All energy assessors and / or the company for which the assessor works must have a complaints process in place. Therefore they should be able to provide you with a copy of their complaints procedure.
2. If you are dissatisfied with the results of the investigation, you should contact the accreditation scheme operator to which the energy assessor who carried out your assessment is accredited and follow their independent complaints process.
3.Complaints relating to the last in the list of types of issue should follow the Renewable Energy Consumer Code (RECC) or the Home Insulation and Energy System (HIES) Contractors Scheme complaints processes.
Complaint about the Microgeneration Certification Scheme (MCS)
Types of issue
- delays in receiving MCS certificate / Number
The process
1. Complaints should be made to the MCS Administrator.
Visit the MCS website to find out more, or phone: 0333 103 8130
Any complaints about the policy requirement to use MCS accredited equipment / installers should be referred to BEIS.
Complaint about an installer
Types of issue
- quality of workmanship / installation
- actual performance of installation differs from expectations / information given during pre-sale
- incorrect information / advice given regarding the FIT scheme
- to cancel a contract
The process
1. Initial complaint should be referred to the relevant installer.
2. If the complaint is not resolved, you can approach the MCS Administrator, who will advise how to make a complaint about the MCS installer – see the MCS complaints procedure.
3. Alternatively, you can approach the Renewable Energy Consumer Code (RECC) or the Home Installation and Energy Systems (HIES) contractor scheme to escalate the complaint. RECC and HIES have disciplinary processes for non-compliant companies and a company’s membership can be terminated in some cases, stopping them from trading under the MCS.
4. If the company is not a RECC or HIES member or MCS certificated, complaints should go to Citizens Advice, who can pass on common issues to the relevant Trading Standards.
5. If cancelling a contract, consumers are advised to do the following:
a. Contact installer in writing or email, quoting RECC or HIES codes:
RECC cancellation rights
HIES Contractors Scheme: code of practice (Section F)
b. Give installer a week to respond.
c. If no response, see RECC: How to complain
Complaint about product or equipment quality
Types of issue
- generating equipment is not performing / is faulty
The process
1. Refer product complaints to the manufacturer, distributor or installer who sold the equipment.
2. If the complaint is not resolved, contact the MCS Administrator, who will advise how to make a complaint about the MCS product. See the MCS complaints procedure
3. A table of what is handled by MCS and what is handled by RECC is available on the RECC Complaint form: important information page
4. HIES coverage of what is in their code
Complaint about the FIT policy
Types of issue
- raising issues regarding the existing FIT policy
The process
1. Complaints about the overall policy should be directed to the Secretary of State for BEIS at the following address:
Complaints Manager
Enquiry Unit
BEIS
1 Victoria Street
London
SW1H 0ET
Email: complaints@beis.gov.uk
Telephone: 0207 215 5000
Key terms
Term | Definition |
---|---|
Authority (Ofgem) | The Authority (Ofgem) is the administrator of the Scheme and responsible for entering all generators who meet the eligibility criteria on the Central FIT Register (CFR). |
Central FIT Register | The register kept and maintained by Ofgem in which all FIT accredited installations are recorded. |
Complaint | Any expression of dissatisfaction that needs a response. A complaint may be about service delivery or policy. |
Environmental Information Regulations (EIR) Request | A request for environmental information held by a public authority under the Environmental Information Regulations (2004). |
EPC | Energy Performance Certificate. |
FIT Generator | The owner of an eligible installation used or intended to be used for small-scale low-carbon electricity generation. |
FIT Licensee | The supplier who pays you the FIT payments. Collective term for Mandatory FIT Licensees and Voluntary FIT Licensees (Electricity Suppliers). |
FIT Payments | Generation Payments and/or Export Payments. |
Freedom of Information (FOI) Request | A written request for information held by a public authority under the Freedom of Information Act (2000) |
Nominated Recipient | A person appointed by a FIT Generator to receive FIT payments in respect of an accredited FIT installation owned by that FIT Generator and recorded as such on the CFR. |
Ownership Register Query (ORQ) | A request by a property owner for information relating to an installation that may be, or is known to be, accredited under the FIT scheme. |
ROO-FIT accreditation process | Accreditation for solar PV or wind installations with a DNC over 50 kW up to a TIC of 5 MW and anaerobic digestion or hydro installations with a TIC up to 5MW. |
Microgeneration Certification Scheme (MCS) | Industry body which provides certification for installers and products related to microgeneration. |
Subject Access Request (SAR) | A written request for personal data held by an organisation about an individual under the General Data Protection Regulation (2018). |
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Please note that only domestic consumers and micro-businesses may apply to the Energy Ombudsman. A micro business is defined as an organisation that has a turnover of less than €2 million and less than 10 employees; or an annual electricity consumption of less than 100,000 kWh. For larger scale consumers the supplier remains the first point of contact. In most cases suppliers will allocate a relationship manager to its larger customers and this would be the normal route for a complaint. If there is no resolution after 12 weeks or if the complainant is not satisfied with the outcome the next stage is via the courts. ↩
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PV and Wind with a declared net capacity of over 50kw, all AD and Hydro ↩