Summary: We will not investigate this complaint about recovery of an overpayment because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains that the Council has failed to use its discretion not to recover an overpaid Council Tax Energy Rebate.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

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

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My assessment

5. Mr X says that the Council made two payments of Council tax Energy rebates to him in 2022. He says that the Council has now asked for the second payment (£150) to be repaid as it was made in error.
6. Mr X says that it was the Council’s fault and it should use its discretion to waive recovery.
7. The Council can seek to recover such payments made in error. Whilst there is no right of appeal against this decision, the Council is not obliged to waive recovery if it chooses not to do so.
8. There is no evidence of fault by the Council in seeking to recover this payment. In the absence of fault, the Ombudsman cannot question the Council’s decision.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman