Carol Heaney v The Secretary of State for Business, Energy & Industrial Strategy & Anor

Carol Heaney v The Secretary of State for Business, Energy & Industrial Strategy & Anor

HELMS failed to comply with the obligation under regulation 30(3) to notify Ms Heaney in writing of the amount of the first year instalments attributable to each improvement, a qualifying condition. As a result, the plan was not a Green Deal plan. The adverse consequences for Ms Heaney of being left with a non-Green Deal energy plan were so serious that cancellation was the only proportionate sanction. The Tribunal allowed the appeal and substituted cancellation of the plan from the date of complaint.

Parties
Appellant: Carol Heaney; First Respondent: The Secretary of State for Business, Energy & Industrial Strategy; Second Respondent: GDFC Assets Limited; Intervener: The Energy Consumers Commission
Jurisdiction
England and Wales
Judgment Date
16 November 2022
Procedural Posture
Regulatory Appeal / Final Judgment After Full Hearing
Outcome
Appeal allowed
Legal Topics
Green Deal Scheme, Mis Selling, Sanctions, Consumer Credit, Regulatory Compliance
Consumer Protection Energy Law Administrative Law Green Deal Scheme Mis Selling Sanctions Consumer Credit Regulatory Compliance

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Parties

Carol Heaney

Appellant

The Secretary of State for Business, Energy & Industrial Strategy

First Respondent

GDFC Assets Limited

Second Respondent

The Energy Consumers Commission

Intervener

Procedural Posture

Regulatory Appeal / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether Ms Heaney's energy plan was a Green Deal plan under the statutory scheme
  2. 2 Whether HELMS breached qualifying conditions and/or the Code of Practice
  3. 3 What is the appropriate sanction for the breaches found

Ratio Decidendi

HELMS failed to comply with the obligation under regulation 30(3) to notify Ms Heaney in writing of the amount of the first year instalments attributable to each improvement, a qualifying condition. As a result, the plan was not a Green Deal plan. The adverse consequences for Ms Heaney of being left with a non-Green Deal energy plan were so serious that cancellation was the only proportionate sanction. The Tribunal allowed the appeal and substituted cancellation of the plan from the date of complaint.

Court Disposition

Appeal allowed

Orders

  • Sanction of cancellation imposed: Ms Heaney’s energy plan is cancelled with effect from 19 March 2019.