Following the introduction of the Renewable Heat Incentive Scheme Regulations 2018, we are increasingly seeing that both potential applicants and current scheme members are being forced to challenge decisions made by Ofgem.
What can I do if Ofgem make a decision against me or my company?
1. Statutory Review
Previously applicants/ members had a right to ask Ofgem to undertake a formal review of the decision but Ofgem have scrapped this stage of the internal review process. Now, the first step is to file a request for a Statutory Review.
The request must be submitted within 28 days of the original decision. The decision will be reviewed by a Statutory Review Officer (SRO) who will not have any prior involvement in the case. The decision of the SRO is however final and will not be subject to further internal review by Ofgem
2. Parliamentary Ombudsman
If you are not satisfied with the decision by the SRO, you can make a complaint to the Parliamentary Ombudsman. You will need to complete the relevant form and ask an MP to sign it. We would, therefore, recommend that you speak to your local MP early on in the review process where possible. In the event that your local MP is unable to assist, we have good relationships with the House of Commons and we can normally find an MP who would be willing to make the referral for you.
How can we help you?
Our Energy Team and Dispute Resolution Team have considerable experience assisting clients with the various review procedures. Our recent work includes:
- Appealing decisions by Ofgem to reject entry to the RHI Scheme
- Challenging the revocation of an accreditation by Ofgem
- Dealing with a complaint to the Parliamentary Ombudsman
- Advising client about their ongoing compliance obligations under the RHI Scheme
Please do get in touch with the Energy Team and Dispute Resolution Teams at Stephens Scown if you are experiencing difficulties with accreditation under the RHI Scheme or any other issues.