Summary: The complainant (Mr X) said the Council failed to reconsider his Warm Homes Discount application after a change of Energy Performance Certificate (EPC) for his property. We cannot investigate this complaint as it relates to the Council’s management of its social housing. Moreover the Council was not responsible for the actions complained about.

The complaint

1. Mr X says the Council failed to reconsider his application for a Warm Homes Discount after a change of EPC for his property. Mr X says he did not know he needed to apply again after receiving a new EPC.
2. Mr X says the Council’s failings affected his financial situation as he lost his Warm Homes funding.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as energy assessors or government departments. (Local Government Act 1974, sections 25 and 34(1), as amended)

Back to top

How I considered this complaint

6. I spoke with Mr X and considered the information he provided.
7. I made enquiries with the Council and considered the information it provided.

Back to top

What I found

Legal and administrative background

Energy performance certificates

8. An Energy performance certificate (EPC) is a home energy survey that shows how energy efficient a home is and includes a list of recommendations on how to improve the energy efficiency. 
9. An EPC must be issued by an energy assessor who is accredited to produce energy performance certificates for the category of building to which the certificate relates. (The Energy Performance of Buildings (England and Wales) Regulations 2012)

Warm Homes Discount Scheme

10. A Warm Homes Discount scheme supports those on low income and those who are vulnerable to cold-related illness or who are living wholly or mainly in fuel poverty. It came into effect in April 2011. The government has since extended the scheme to March 2026.
11. The scheme requires domestic suppliers with over 1000 customers to provide an annual discount to customer bills.
12. The Department for Energy Security and Net Zero is responsible for the Warm Homes Discount policy and legislation. Ofgem monitors suppliers’ compliance with the scheme.

What happened

13. Mr X lives in a property owned by the Council as a social housing tenant.
14. At the beginning of October 2022 Mr X received an EPC for his flat with a rating of C. Mr X raised concerns about his EPC at the end of January 2023.
15. The Council asked an energy assessor (the Energy Assessor) to complete a new assessment for Mr X’s property. After the reassessment which took place at the beginning of February, Mr X’s flat received a rating of D.
16. Responding to Mr X’s complaint the Council told Mr X about the changes to his EPC and sent him the document.
17. Mr X remained unhappy and complained again at the beginning of March. He queried the competence of the person who carried out the first energy assessment for his property and asked for an apology, compensation or a good will gesture.
18. In its stage two response the Council explained the Energy Assessor had made some errors in the first EPC for Mr X’s property which had been corrected in the EPC issued in February 2023. This happened well before the deadline for the Warm Homes Discount applications. The Council clarified it was not responsible or eligible to apply for a Warm Homes Discount for its tenants.
19. In response to my enquiries the Council said its only involvement was to facilitate an EPC assessment after Mr X raised his concerns about the EPC issued in October 2022. The Warm Homes Discount scheme is run by the central government and the Council is not involved in making applications or managing the scheme. The Council also said it had offered Mr X £200 in recognition of the time and trouble of bringing his concerns to the Council.

Analysis

20. When the Council commissioned the EPC assessments, it acted in its role as a registered social housing provider. We cannot consider the management of social housing by a council acting as a registered social housing provider.
21. As explained under paragraph five of this decision we can only investigate complaints about councils and certain other bodies which are listed in our ‘Guidance on Jurisdiction’. Energy suppliers, energy assessors and government departments are not included in this list of the organisations.
22. The Council acting as Mr X’s landlord commissioned an EPC for his property from an external energy assessor. Conducting energy performance assessments is not a function of the Council, therefore the EPC was not issued on behalf of the Council.
23. The Council does not manage the Warm Homes Discount scheme and has no right to apply for a discount on behalf of its tenants. Any complaints about the scheme and its management should be raised with the correct government department rather than with the Council.

Back to top

Final decision

24. I discontinue this investigation. Mr X complained about the actions of the Council as a social housing provider. These matters are outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman