Summary
Mr X complains about how the Authority installed and carried out updates to his home under the Warmer Homes Scheme. Mr X says this caused him distress and the loss of use of his property. The Ombudsman has discontinued the complaint as an alternative remedy is available to resolve the issues.
The complaint
Mr X complains the Authority failed to install a sufficient boiler or working bathroom fan under its Warmer Homes Scheme. He says the Authority also wrongly advised how much loft insulation was installed. Mr X also complains the Authority failed to complete an independent inspection of the boiler as they promised, and the inspection produced a falsified report.
Mr X says this has caused him distress and he is no longer able to use his property due to it not heating up to a reasonable level.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I read the information supplied by Mr X and the limited information supplied by the Authority. I spoke to Mr X by telephone to gather more information.
I have considered all comments made by Mr X and the Authority on a draft of this decision before making a final decision.
What I found
Mr X applied to the Authority’s Warmer Homes Scheme and signed an agreement with a contractor, acting on behalf of the Authority for works to be completed. The agreement set out details of what to do in the case of any dispute about the works. In early 2023 a contractor installed a boiler, fan and loft insulation in his home.
Mr X told the Authority he was unhappy with the works in March 2023. The Authority responded to this and said the scheme allowed like for like replacement of boilers and quotes did not incorporate replacement radiators or pipework. It apologised if it had not told Mr X this before. The Authority also said the quote did not include fully removing any existing ventilation system or making good fees and gave details of various loft insulation options. The Authority again apologised if Mr X was not aware of this.
Mr X raised several complaints with the Authority and in May 2023 saying none of the measures made a significant improvement to the heat loss of his house. He said the changes have meant the property is no longer usable as it does not heat up to a reasonable level. Mr X told the Authority he was told the boiler installed did not have sufficient capacity to heat his property.
The Authority said it would arrange for a technical survey to be completed to fully assess the issues Mr X was experiencing.
The contractor completed a survey in September 2023 following further emails between Mr X and the Authority. However, Mr X was unhappy with the details of the report.
Mr X says the boiler was not on during the inspection and supplied evidence to show the gas meter readings did not change over that period.
Mr X raised this with the Authority which confirmed it had discussed the findings of the report with a contractor and were happy the boiler was suitable and in working order.
Mr X contacted the manufacturer of the boiler who said the boiler installed at his property was not the one they would recommend based on the size of his property.
Mr X continued to raise complaints with the Authority and in December 2023 it said it believed the matter was properly investigated. The Authority said it accepted the contractor’s advice that the boiler installed was more energy efficient, working and sufficient. The Authority also said Mr X should contact the installer of the bathroom fan if another fan needed installing.
Analysis The Authority has provided details of an agreement entered into by Mr X and the contractor.
The agreement states if there is a dispute between parties in relation to the performance of the agreement, it should be referred to the Chartered Institute of Arbitrators. The contract says the dispute could then be referred to a Court.
This is a more suitable way to resolve Mr X’s complaint about the technical issues of the work completed in his property. I have not seen any reason why Mr X could not have pursued the dispute resolution as per the contract terms.
Final decision
I have discontinued my investigation into the complaint because Mr X has a more suitable route to resolve the issues of his complaint.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman