Summary: We will not investigate this complaint about the Council’s refusal to pay a Council Tax Rebate to help with energy costs in a couple’s case. This is because there is no sign of fault by the Council regarding this matter.

The complaint

1. The complainants, who I shall call Mr & Mrs B, complained the Council had unreasonably refused to award them a Council Tax Rebate of £150 under a government scheme to help householders in council tax bands A to D with rising energy costs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered the information Mr & Mrs B provided with their complaint. I also considered Mr & Mrs B’s correspondence with the Council about their complaint. In addition, I took account of the Government’s guidance to councils about the Council Tax Rebate, and the Ombudsman’s Assessment Code.

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My assessment

4. In February 2022 the Government announced a package of support measures to help people with rising energy costs, which included the Council Tax Rebate scheme. Under the scheme the Government funded councils to pay £150 grants to eligible households who were living in properties in council tax bands A to D on 1 April 2022.
5. Mr & Mrs B recently won an appeal to the Valuation Office Agency (VOA) to have their council tax banding reduced from band E to D, backdated to 1993. In the circumstances Mr & Mrs B felt they should be entitled to the Council Tax Rebate as their property should have been in band D on the valuation list on 1 April 2022.
6. But in March 2022 the Government issued guidance for councils on the Council Tax Rebate, including about eligibility for the £150 payment. In particular, the guidance said that: “Where the property band recorded on a valuation list is amended retrospectively to 1 April 2022, for example as a result of a successful appeal made to the VOA that concluded after this date, councils are not required to pay or clawback payments.” On that basis the Council decided Mr & Mrs B were not eligible for the Rebate.
7. We are not an appeal body about councils’ decisions. Our role is to consider if there was fault in the way a council made its decision. If there was no fault in the decision making, we cannot question the outcome.
8. The Government’s guidance says: “It is for a billing authority to determine eligibility for the fund, with reference to this guidance. The Council evidently followed the guidance in deciding Mr & Mrs B’s claim and, in the circumstances, I consider it was a decision the Council was reasonably entitled to make. As a result I do not see that we could justify finding fault with the Council for its decision making in this case.

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Final decision

9. Mr & Mrs B complained that the Council had unreasonably refused to award a Council Tax Rebate to help with energy costs in their case. But we will not investigate this matter because there is no sign of fault in the Council’s decision to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman