In case of problems

The Code sets out the procedure for raising and resolving disputes between Consumers and Code Members. This section of the Code, and the Dispute Resolution Process, set out the process which Code Members and the Code Administrator will follow when made aware of a Complaint by a Consumer against a Code Member. The Dispute Resolution Process is available here. The aim of the Dispute Resolution Process is to provide a means of dispute resolution which is more effective and efficient than court action.

The Code Administrator is a CTSI-approved Alternative Dispute Resolution body under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015. 

Code Members are required to co-operate with the Dispute Resolution Process and incorporate it into their own complaints process. Code Members must make a copy of their complaints process available to Consumers and the Code Administrator if requested.

Consumers may give their permission for a friend or relative to help deal with a Complaint through the Dispute Resolution Process. In this case, Code Members must co-operate fully with this person. The Dispute Resolution Process is intended to be accessible and low cost and should not require either party to rely on legal representation. The Code Administrator will not communicate directly with either party’s legal representative.

Code Members will not take action through the courts against Consumers without first trying to solve a dispute in line with the process set out in this section.

Dispute resolution process

There are two phases of the Dispute Resolution Process: phase one in which a Code Member is made aware of a Complaint by a Consumer and is required to take all reasonable steps to resolve the Complaint speedily and effectively (see 9.1.1 below); and phase two in which a Consumer’s Complaint has not been resolved directly by the Code Member using the process set out in 9.1.1 and the Code Administrator’s assistance is required to resolve the Complaint using the process set out in 9.1.2 and 9.1.3 below.

Contact the Code Member

If a Consumer has a Complaint about a Code Member, they must raise the Complaint with the Code Member in the first instance. Code Members must have a process in place for resolving Complaints in a timely manner. The process is as follow:

1. the Consumer must notify the Code Member they agreed the Contract with about any Complaint they have in writing and as soon as possible after they have first noticed an issue;
2. the Code Member must make a record of the Complaint and keep the record updated with any relevant correspondence and timeframes when investigating the Complaint, and throughout the Dispute Resolution Process;
3. the Code Member will consider the details of the Complaint and report the findings clearly to the Consumer within 10 working days of being notified;
4. if appropriate, the Code Member will arrange to inspect the Consumer’s system within 5 working days of being notified, and within 24 hours of being notified where a Consumer is without heating or hot water as a result of the situation that has led to the Complaint;
5. the Code Member will try to find an agreed course of action to resolve the Complaint speedily and effectively to the Consumer’s satisfaction.

Registering a Complaint and mediation

If the Consumer is not satisfied with the resolution offered by the Code Member, or if they have not received a response from the Code Member to their Complaint, they will be able to escalate it to the Code Administrator by registering a Complaint, in which case the following process will be followed:

1. the Consumer can register the Complaint with the Code Administrator by completing the online Complaint registration form here or by requesting a hard copy of the form from the Code Administrator;
2. the Code Administrator will acknowledge receipt of the Complaint in writing and consider the details of the Complaint and check that the Consumer has given the Code Member at least 10 working days to resolve the Complaint;
3. the Code Administrator will confirm whether the Complaint falls within the remit of the Code. (See here for more details of the Code Administrator’s remit). If the Complaint is (partly or wholly) about technical aspects of the installation of an Energy Generator or Battery storage unit covered by the MCS Installer standards, the Code Administrator will forward it to the Code Member’s MCS Certification Body in the first instance;
4. where the Code Administrator has determined that the Complaint falls within the remit of the Code and/or the MCS Certification Body has confirmed that its involvement in the technical aspects of a Complaint has concluded, the Code Administrator will register and acknowledge the Complaint in accordance with the Dispute Resolution Process and will notify the Code Member of its receipt of the Complaint;
5. the Code Administrator will assign the Complaint to a case worker who will mediate between the Consumer and the Code Member, taking the facts of the matter into account and using their best endeavours to achieve a resolution that is fair and acceptable to both parties. This stage of the process is called mediation;
6. in the event that the Complaint cannot be resolved with the assistance of the Code Administrator through mediation, the Consumer may request that their Complaint is passed to the Independent Arbitration Service set out in section 9.1.3 below.

Independent Arbitration Service

The Code Administrator offers an Independent Arbitration Service that can be used in the unlikely event of a Complaint not being resolved amicably between a Consumer and a Code Member using the process set out in section 9.1.2 above. In certain circumstances, the Code Administrator may offer a Consumer immediate access to the Independent Arbitration Service without the use of mediation.

A Consumer is not required to refer a Complaint to the Independent Arbitration Service and may choose to deal with the matter in other ways, including by taking legal action. However, if a Consumer does refer a Complaint to the Independent Arbitration service, the Code Member must co-operate with the process.

The Code Administrator has appointed CEDR Ltd (CEDR) to run the Independent Arbitration Service on its behalf. Once a Consumer refers a Complaint to the Independent Arbitration Service, CEDR will handle the application in line with the rules here and appoint an arbitrator from the panel it maintains for this purpose. The arbitration process will be conducted under the Arbitration Act 1996 and will work as follows:

1. before referring a Complaint to the Independent Arbitration Service a Consumer must have attempted to resolve the Complaint, following the Dispute Resolution Process as described in sections 9.1.1 and 9.1.2 above;
2. the Code Administrator must inform the Consumer of any time limits that may affect their ability to apply for arbitration;
3. the Consumer must complete the application form available from the Code Administrator and return it to CEDR with a fee of £100 + VAT;
4. Where a Consumer requests that an unresolved Complaint be passed to the Independent Arbitration Service, the Code Member must accede to a Consumer’s request and will also be required to pay a fee of £100 + VAT to CEDR.

An award made under the Independent Arbitration Service shall be final and binding on both the Consumer and the Code Member, and enforceable. The Consumer or Code Member may only challenge it on certain limited grounds under the Arbitration Act 1996. The Consumer or Code Member would not normally be able to pursue the same Complaint later through the courts. In certain circumstances the £100 + VAT fee may be refunded to the Consumer by the Code Member (or vice versa) if the arbitrator finds in their favour and recommends it to be refunded.