Summary: We will not investigate Mrs X’s complaint that she missed out on the £150 council tax energy rebate payment as there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X’s council tax band was re-banded in January 2023 by the Valuation Office Agency from band E to D, backdated for ten years. Mrs X complains despite this, she has not received the £150 council tax rebate which was paid to band A to D households by councils under the Government’s energy rebate scheme. Mrs X also complains she should have been awarded interest on the extra council tax she has paid over the years, which she says she could have saved in a bank.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In 2022, the Government announced a package of support known as the Energy Bills Rebate. As part of this, council taxpayers living in Band A to D properties on 1 April 2022 were eligible for a one-off payment of £150 to support the household with rising energy costs.
8. The Council has explained to Mrs X that the scheme closed on 30 November 2022 and there is no provision to make backdated awards. The Council says it received no notification from Mrs X about the potential re-banding, prior to the scheme closing.
9. The Valuation Office Agency (VOA) is a separate body from the Council, responsible for determining property council tax bands and effectively tells councils what to charge council tax-payers. The Council therefore billed Mrs X for Band E as directed by the VOA. The VOA can advise Mrs X whether she is eligible for any extra payment in terms of lost interest.
10. While I recognise Mrs X remains unhappy about this, I consider there is insufficient evidence of fault in the way the Council made its decision, and we cannot therefore be critical of it. The Council has explained the position regarding the scheme and was not responsible itself for the re-banding process. The Council charged council tax as directed by the VOA so there is no indication it is responsible for any loss suffered by Mrs X.
11. For these reasons, we will not investigate.

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Final decision

12. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman