If you’ve been considering escalating your utility complaint with UtilitiesADR, and taken a look anywhere on our website while researching how to do so, you’ve likely encountered the phrase:

We can only deal with disputes concerning ‘non-regulated’ matters.

… And been left wondering what exactly that means.

What’s a non-regulated complaint? … Does that mean there’s also such a thing as regulated complaints? Is my complaint non-regulated?

At first glance, the concept of ‘regulated’ and ‘non-regulated’ complaints can sound quite technical, but don’t worry! Understanding the difference is much simpler than it seems, and knowing which category your dispute falls into will help you identify which Alternative Dispute Resolution scheme you can take it to if you want to escalate without going through the hassle of court!

Unsure what Alternative Dispute Resolution (ADR) is?

Please see the following article which explains it in depth: What is Alternative Dispute Resolution (ADR)?

What is a regulated complaint?

A regulated complaint refers to a complaint that’s within a service or industry overseen by a regulator (such as Ofgem or Ofwat, in the utilities sector), and is thus subject to specific rules & legal requirements surrounding:

How businesses should handle complaints;
The information they must provide to consumers;
When a complaint can be referred to an approved Alternative Dispute Resolution (ADR) scheme

Regulated complaints in the utilities sector are usually signposted to either the Energy Ombudsman or The Consumer Council for Water.

Core utility providers (such as mains gas, electricity, and water) legally must be members of a government-approved redress scheme thanks to regulatory bodies, and they cannot refuse to participate in the ADR process.

In practice, if your complaint is regulated, this means 2 things:

You have the legal right to use an ADR scheme to get it resolved
The provider must follow a strict process to resolve it: they must stick to official, standardised timeframes, provide a formal “deadlock” position if you disagree, and cannot simply ignore your complaint

The purpose of regulation is to help ensure consumers are treated fairly, and that businesses meet consistent standards across the industry.

What is a non-regulated complaint?

A non-regulated complaint is one that falls outside of those regulatory frameworks above.

The ‘non-’ label makes it sound like the exception, but this isn’t true! Non-regulated complaints are just as widespread and commonplace as regulated ones, and consumers encounter them daily.

For example, a non-regulated complaint could concern an issue that isn’t considered ‘regulated activity’ (which most commonly refers to one-off paid services or standard maintenance work), such as:

A private boiler installation
A paid power flush
Standard plumbing work
Annual safety checks

What’s important to note is that the label ‘non-regulated’ doesn’t mean the complaint is any less important, or that consumers have fewer rights.

It just means that different rules apply to how the complaint is handled.

If a utility provider handles non-regulated issues, it’s not necessarily bound by the same rules as those that do, and it doesn’t HAVE to take part in any ADR process.

However, in practice, many providers recognise the value of ADR in resolving disputes amicably, and thus voluntarily choose to become members of an ADR scheme (such as UtilitiesADR). This gives their customers access to an independent service if a non-regulated complaint can’t be resolved directly with them.

For example, at UtilitiesADR, we have over 180 Participating Members who have agreed to be bound by our scheme’s rules & decisions as a hassle-free way to resolve their non-regulated complaints with you, out of court!

So, now you can re-read that disclaimer we put all over our website:

We can only deal with disputes concerning ‘non-regulated’ matters.

And understand several things it’s trying to tell you!:

We only handle complaints that aren’t overseen by regulatory bodies
We only handle complaints about providers that have agreed to engage with our scheme as Participating Members
Regulated complaints must go elsewhere – such as to the Energy Ombudsman or The Consumer Council for Water

Why does the distinction matter?

Whether your complaint is regulated or non-regulated can affect aspects of the complaints process, including:

Whether the provider is required to participate in ADR (regulated) or has chosen to do so voluntarily (non-regulated)
The complaint handling requirements the business must follow
When your complaint becomes eligible for ADR – timeframes may differ!
The information the provider must provide you about your options for resolving the dispute

However, the most important distinction for you as a consumer would be identifying which ADR provider you need to take your complaint to.

As we’ve already explained, though UtilitiesADR is FREE to use, we can only deal with non-regulated complaints!

How can I tell if my complaint is regulated?

If you’re not sure whether your complaint is regulated, there are a few simple ways to find out:

Check the provider’s own complaints procedure or website
Check whether the provider has referred you to an ADR scheme specialising in non-regulated complaints (such as UtilitiesADR) after handling your complaint
Check whether the provider is a Participating Member of an ADR scheme specialising in non-regulated complaints
We have an easy search tool you can use to check who the Participating Members of UtilitiesADR are!

If you’re still unsure, feel free to contact our team – we’ll be happy to point you in the right direction!

REMEMBER: UtilitiesADR is completely free to use for consumers, so you have absolutely nothing to lose even if you accidentally submit a complaint to us that happens to be regulated – we’ll let you know within 3 weeks if we can’t deal with it, and let you know where you need to go instead.

We’ll never penalise you for trying to use our service!

What types of complaints does UtilitiesADR consider?

As long as your dispute is non-regulated, and concerns a provider that is a Participating Member of our scheme, we can cover most complaints!

Here’s a list of some common issues we deal with for Domestic Consumers below:

Boiler installations and servicing
Combined heat and power services
Plumbing
Utility Switching Services (such as comparison websites)
Drainage
Electrical work
Supply/distribution/billing disputes of LPG
Supply/distribution/billing disputes of fuels
Energy efficiency services
Renewable energy products & services (e.g. the sale or installation of solar panels, cavity wall insulation, etc)
Heat network operators

REMEMBER: This list isn’t exhaustive!

These are just examples. If you are unsure whether we can help, you can still submit your complaint for free and we will assess whether it falls within our Scheme Rules.

We’re also here to help businesses with more than 10 employees! If this applies to you, please see our dedicated Complaints We Can Deal With page to see what complaints we can handle for you.

Start A Complaint

Common Misconceptions

> “Non-regulated” means I have fewer rights.

Not necessarily.

The term simply describes the legal framework that applies to your complaint. It doesn’t mean your complaint is less important, or won’t be considered fairly – it just means the rules applied to it are different!

> “Regulated complaints are taken more seriously.”

Not true!

All complaints are reviewed carefully, and if you’ve made a complaint – regulated or not -, someone needs to resolve it. The difference is that regulated complaints must follow standardised legal and regulatory requirements, while non-regulated complaints follow the organisation’s own complaints process.

If an organisation has agreed to be a Participating Member of UtilitiesADR, then they must follow our own strict Complaints Process timelines to deal with your non-regulated complaint once you’ve submitted it to us!

> “If my complaint is non-regulated, it won’t be investigated.”

Incorrect.

Non-regulated complaints are still investigated and considered. The investigation process may differ, but the aim is still to understand what happened and resolve your concerns where possible.

> “Regulated complaints are resolved more quickly.”

Not always.

While regulated complaints often have prescribed timescales, they can also involve more complex requirements. Resolution times depend on the circumstances of each case.

> “If my complaint is regulated, I’ll automatically receive compensation.”

Though it sounds nice, this isn’t true either.

A complaint being regulated doesn’t guarantee a particular outcome. Decisions are based on the facts of the case and whether something went wrong.

> “If my complaint is non-regulated, I can’t challenge the outcome.”

Untrue!

Many organisations have escalation or review processes for non-regulated complaints. For example, over 180 providers have agreed to become Participating Members of UtilitiesADR – which is a free-to-use Alternative Dispute Resolution scheme -, making it easier than ever for you to challenge them regarding your non-regulated complaint, out of court!

How UtilitiesADR can help

When a non-regulated complaint can’t be resolved directly with a provider, UtilitiesADR provides an independent, impartial and evidence-based review of the dispute.

Our role isn’t to take sides. We’re here to help consumers and utility providers resolve disputes as fairly, efficiently and transparently as possible. At UtilitiesADR, we carefully consider the information provided by both the consumer and the provider before reaching a fair decision based on the available evidence and the relevant rules or contractual obligations.

If you’re unsure whether your complaint is eligible for UtilitiesADR, our team is always happy to help explain the process and point you towards the most appropriate next step.

You have nothing to lose by submitting your complaint to us – our service is free!