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How to complain

The expertise of members together with the high standards of service set out in this Code should ensure that the overwhelming majority of to the energy generators supplied and installed under the scheme are free from manufacturing or installation faults. Occasionally, however, problems can and do occur.

This scheme has been set up with the intention of providing a means of complaint resolution that should be cheaper, faster and more effective than court action. Nothing in this Code prevents the consumer from seeking a legal remedy to their complaint, if they consider this to be the more appropriate action.

If a consumer wants to complain about the standard of service they have received, or about any other aspect of the contract, they should use the following procedure:

1. the consumer must tell the member he or she agreed the contract with about any complaint they have as soon as possible, and no later than three months, after they  have first noticed the problem;
2. as soon as reasonably possible after receiving the complaint, and at most within 20 working days from receiving the complaint, the member will arrange to inspect the system.
3. where a consumer is without heating or hot water as a result of the situation that has led to the complaint, the member will arrange to inspect the system within 24 hours of receiving the complaint;
4. the member will consider the details of the complaint and report the findings clearly to the consumer within seven working days from this inspection (if there is a possible safety issue arising from the complaint, the member will report back as a matter of urgency);
5. the member will try to find an agreed course of action to resolve the complaint speedily and effectively to the consumer's satisfaction;
6. if the consumer is not satisfied with the remedy offered by the member, they may notify the scheme administrator using this complaint form;
7. the scheme administrator will log the complaint and acknowledge receipt of the notification within three days;
8. the scheme administrator will contact the member to request a report on the situation;
9. the scheme administrator will request the member to explain how they intend to resolve the complaint speedily and effectively;
10. if a complaint cannot be sorted out through the above procedure, the member or consumer can use the conciliation service set out in section 9.2, below;
11. members will not take action through the courts without first trying to solve the problem through the conciliation service, except in the way expressly set out in this section.

The consumer may use a consumer representative or observer to help deal with a complaint. In this case, members must co-operate fully with this person. In the event that the complaint is of a technical nature the scheme administrator will seek the consumer’s consent for the details to be shared with the relevant MCS certification body and the relevant trading standards department.

Conciliation service

The scheme offers a conciliation service that can be used in the unlikely event of complaints not being sorted out amicably between the two sides. This service aims to reach a non-legal solution to the dispute in a reasonable timescale. It is also available to trading standards departments, consumer advice centres, citizens' advice bureau and similar organisations to help them sort out any complaints involving a member. There is no extra charge for using this service. Members will always agree to use it if a consumer wants to do so. The conciliation process will work as follows:

1. anyone wanting to use the service will enter the details of the matter on the conciliation form (they should then send the form to the scheme administrator;
2. members should arrange for someone to help vulnerable consumers to fill in the form);
3. within seven working days the scheme administrator will inform the other people identified in the form as being involved in the dispute;
4. those people will send any relevant information to the scheme administrator as soon as possible, but in any event within 10 working days;
5. the scheme administrator will appoint a suitably-qualified independent expert (or experts) to consider the matter (this person may or may not be linked to the panel);
6. the independent expert will review the written evidence in the light of the consumer protection legislation in force, and may discuss the details and possible solutions with the people involved;
7. if convenient for both parties, a face-to-face or 'proximity' mediation process will be arranged;
8. after considering all the evidence, either written or from the mediation session, the expert will recommend what he or she believes to be a fair and workable resolution of the complaint;
9. both sides will do their best to comply with the conciliator’s recommendations which  will be put into practice and the complaint closed without recourse to any further action;
10. if the conciliator's advice is not acceptable to either side, they must explain why  to the scheme administrator.

Independent arbitration

In exceptional cases in which the conciliator’s advice is not acceptable, either side has the right to ask for the matter to be referred to the independent arbitration service. Neither side is required to refer the dispute to independent arbitration, and may choose to deal with the matter in other ways, including taking legal action. However, if the consumer requests that the matter be referred for arbitration, the member must accede to the request.

The scheme administrator will appoint a suitably-trained independent expert (the 'independent arbitrator') to carry out the arbitration process. The arbitration process will work as follows:

1. if possible, both sides should first have gone through the conciliation service (as described in section 9.2, above), though this is not an absolute requirement of the arbitration scheme;
2. if a  dispute is referred to the independent arbitrator,  both will pay an initial fee equivalent to the County Court Fee (this fee will be refunded to the consumer  if the independent arbitrator finds in his or her favour, or recommends it);
3. the forms and other documents, including a summary report, from the conciliation process will be sent to the independent arbitrator;
4. the independent arbitrator will give both sides the opportunity to provide evidence to back up their case and decide whether a site visit or product tests are required, and how they will be funded;
5. any further costs will be explained to both sides and divided between them, as the independent arbitrator may decide;
6. after considering all the evidence, the independent arbitrator will send the decision to both sides and the scheme administrator.

An award made under the independent arbitration service shall be final and binding on both the consumer and the member. They may only challenge it only on certain limited grounds under the Arbitration Act 1996. If the arbitrator makes a decision in favour of the consumer, the member must refund the fee in addition to any award that may be made.