These are the Terms of Reference approved by the Board, in line with the Articles of Association of the Company (herein “Ombudsman Services”).
Terms of reference are also available to download here:
1.1 The definitions, below, apply to both this Annex and the Terms of Reference in relation to complaints brought to Ombudsman Services: against Participating Companies about Green Deal:
“Award” means the compensation awarded to the complainant not exceeding £25,000 (inclusive of VAT, if any) per complaint;
“Breach of Consent complaint” is a compliant about a failure to obtain necessary consent or consents for a Green Deal plan and/or Green Deal measure(s);
“Customer” means any person who is party to a contract with a participating company of the Green Deal Ombudsman and Investigation Service for the supply or provision of any service falling within the jurisdiction of the Green Deal Ombudsman and Investigation Service;
“DECC” means the United Kingdom Department of Energy & Climate Change;
“Disclosure and Acknowledgement complaint” is a complaint about the failure to disclose or acknowledge the existence of a Green Deal plan;
“Energy Supplier” means a provider of energy who holds a supply licence for the supply of gas and/or electricity to domestic and small business customers;
“FOS” means the Financial Ombudsman Services;
“Green Deal Advisor” means a Green Deal accredited advisor providing advice and information to existing or potential customers of Green Deal services;
“Green Deal Assessor Organisation” means any Green Deal accredited company or organisation (or if a sole trader is themself a Green Deal Advisor) that employs Green Deal Advisors to undertakes assessments of suitability for the Green Deal on behalf of actual or potential customers of a Green Deal Provider;
“Green Deal Installer” means any Green Deal accredited company or organisation that undertakes installation of materials or equipment according to a Green Deal plan and on behalf of customers of a Green Deal Provider;
“The Green Deal Ombudsman and Investigation Service” means the Ombudsman Service provided to Green Deal Providers, the Green Deal registration and oversight body and the Secretary of State for Energy & Climate Change;
“Green Deal Oversight and Registration Body” (‘GD ORB’) means the organisation appointed by DECC to manage the Green Deal system and processes;
“Green Deal Plan” is as provided for within the Green Deal Framework (Disclosure, Acknowledgement, Redress, etc) Regulations 2012;
“Green Deal Provider” means any company or other organisation that undertakes to provide finance for any service or equipment under the Green Deal legislation and is registered as such by the Green Deal Oversight and Registration Body;
“Improver” means the occupier or owner who makes the arrangement to make energy efficiency improvements to the property.
“Licences” refers to:
“OIS” means the Ombudsman & Investigation Services, otherwise known as ‘the Green Deal Ombudsman and Investigation Service’;
“Ombudsman Services: Energy” means the Ombudsman Service provided to energy suppliers and energy network operators;
“Participating Company” means a Green Deal Provider registered with the Green Deal Oversight and Registration Body and admitted into the Green Deal Ombudsman and Investigation Service by the board in accordance with the Terms of Reference, this Annex and Membership Rules for Participating Companies, and as the context so requires, each and/or any of its subsidiary undertakings from time to time which has put its relevant services under the jurisdiction of the Green Deal Ombudsman and Investigation Service;
“the Regulations” means the Green Deal Framework (Disclosure, Acknowledgement, Redress, etc) Regulations 2012
2.1 Only persons registered and approved as a Green Deal Provider by the Green Deal Oversight and Registration Body may be admitted as a participating company.
3.1 The services provided by Participating Companies of the Green Deal Ombudsman and Investigation Service which will be covered by, and fall within the jurisdiction of the Green Deal Ombudsman and Investigation Service are the services associated with a Green Deal plan. This shall include that part of the electricity bill provided periodically by the Green Deal customer’s energy supplier and identified as such on the bill.
4.1 Further to, and in addition to, the provisions of the Terms of Reference, persons entitled to make a complaint in relation to an alleged breach of the Regulations, its framework provisions, or the Green Deal plan are:
4.2 The persons entitled to make a complaint in relation to an alleged breach of the disclosure and acknowledgement provisions are;
4.3 The persons entitled to make a complaint in relation to an alleged breach of consent are;
5.1 Where the Ombudsman considers that a breach has occurred, and the breach requires the exercise of the powers of the Secretary of State, then the Ombudsman will refer the complaint together with the report of the outcome of the Ombudsman’s investigation to the Secretary of State.
6.1 The Ombudsman shall not accept a complaint for consideration unless;
7.1 Where the Ombudsman determines that a breach has occurred requiring variation or cancellation of the Green Deal plan, the Ombudsman may:
7.2 Where the Ombudsman has determined that a breach of the disclosure and acknowledgement provisions has occurred, or that there has been a breach requiring variation of the Green Deal plan, the Ombudsman will report the findings to the Secretary of State who may: