16. Before we decide if we should investigate a complaint in more detail, we look at whether there are signs the organisation got something wrong. We do this by comparing what should have happened with what did happen. If what happened fell far short of what should have happened, we call this a failing.
17. When we see indications of a failing, we next look at whether that failing had a negative impact on the person affected. If we think it did, we go on to consider what, if anything, the organisation has done to try to put things right.
18. Having done this, we consider BEIS has already done enough to put right the things that went wrong, and its refusal to extend the voucher was in line with the terms and conditions of the scheme.
19. Our Principles of Good Administration state that, when making decisions, public bodies should follow their own policy and procedural guidance.
20. The relevant policy here is the terms and conditions of the Green Homes Grant scheme. It says, ‘It is your responsibility to check that the terms of your contract with your installer require [it] to complete the installation … in sufficient time prior to the expiry date of the Voucher to enable the Voucher to be redeemed by the expiry date … and if you fail to do so the Scheme Administrator shall not be liable to you for any costs or losses you incur as a result’.
21. It also adds, ‘The Scheme Administrator [BEIS] shall not be in breach of these Customer Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under them if such delay or failure results from events, circumstances or causes beyond its reasonable control’.
22. We recognise how frustrating it was for Mrs O to have her voucher expire about a week before the supplier was able to install the heat pump. We also recognise how this frustration was made worse by the poor service she had when trying to process her previous voucher.
23. However, it is clear from the scheme’s terms and conditions that it was Mrs O’s responsibility to choose a supplier that could complete the work before the 23 March expiry date.
24. These were the terms she agreed to when she applied, and they clearly state that BEIS will not be liable for any losses as a result of a supplier not completing the work before the deadline. We recognise Mrs O disagrees and says it is not her fault the supplier was delayed. However, it is not BEIS’s responsibility and there is nothing in the agreed terms and conditions to say BEIS should extend the voucher to accommodate this.
25. We recognise Mrs O feels BEIS should extend the voucher despite the terms and conditions to compensate the poor service she had in 2021.
26. Our Principles for Remedy state that, ‘where maladministration or poor service has led to injustice or hardship, public bodies should try to offer a remedy that returns the complainant to the position they would have been in otherwise’.
27. Mrs O was unable to use her first voucher in 2021 largely due to errors made by BEIS. However, BEIS issued her a new voucher in December 2021 to put this right. This put her back into the position she would have been in had BEIS processed her information correctly from March toJune 2021.
28. This is in line with our Principles for Remedy and seems enough to put the impact of the poor service right. We cannot reasonably say that BEIS acted poorly for declining to extend the voucher.
29. For this reason, we are not critical of BEIS and will take no further action. Again, we recognise how unfortunate it was that Mrs O was unable to use her voucher. It seems that this was the result of supply issues, and not because of what BEIS did wrong in 2021.