Summary: We will not investigate this complaint about the Council’s refusal to pay Mr X an energy rebate for his home after his appeal to the Valuation Office Agency against his council tax banding was delayed. There is insufficient evidence of any fault by the Council which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s refusal to award him a £150 energy rebate from a government scheme after his home was rebanded by the Valuation Office Agency (VOA) after the scheme had ended. He says the delay caused by the VOA caused him to become eligible after the cut-off time and the Council should consider him eligible as this was not his fault.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his new-build home was initially assessed as being in Band F for Council tax. He appealed to the VOA against this banding. During this time the government introduced a scheme for awarding a £150 energy rebate to all householders with properties in Band A-D. Mr X’s was not eligible for the scheme because he was in Band F and awaiting an appeal decision.
6. In September 2022 the scheme ended but the government wrote to local authorities extending the end date until 30 November. Mr X’s appeal had not been decided by this time and when the scheme ended, he was no longer eligible because his property was still in Band F.
7. When the VOA decided the appeal, it awarded Band D status to Mr X’s home. He asked the Council to make him a discretionary award for the rebate because he was now in an eligible banding. The Council told him that the funding for the scheme from the government had ended in November and he was not eligible. The outcome of his appeal was not known at this time.
8. Mr X says the delay in receiving his banding was due to the VOA and was not his own fault. Whilst this may be the case, there was no fault on the Council’s part for the banding delay. His home was not in an eligible category when the government scheme ended and he is in a similar position to any other householder who has received an eligible banding since the scheme ended. There are no reasons why the Council should pay Mr X the rebate out of council tax revenues when there is no fault.
9. The VOA has since accepted that it delayed processing the appeal and Mr X should seek compensation from that body which is not within our jurisdiction.

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Final decision

10. We will not investigate this complaint about the Council’s refusal to pay Mr X an energy rebate for his home after his appeal to the Valuation Office Agency against his council tax banding was delayed. There is insufficient evidence of any fault by the Council which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman