Welwyn Hatfield Borough Council (22 005 397)
Category : Benefits and tax > Local welfare payments
Decision : Closed after initial enquiries
Decision date : 21 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to only provide discretionary energy rebate payment to individuals who received council tax support before, or on, 1 April 2022. This is because there is insufficient evidence of fault to justify an investigation.
The complaint
- Mr X complains about the Council’s decision to only provide discretionary energy rebate payment to individuals who received council tax support before, or on, 1 April 2022.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has agreed an energy rebate discretionary scheme to provide payments to households. The Council has decided the criteria for the households it will help as part of this scheme.
- For properties in council tax band E, the Council will provide a payment of £150 to households who received council tax support before, or on, 1 April 2022.
- Mr X’s property is in council tax band E. He received council tax support from June 2022. Therefore, Mr X does not meet the Council’s criteria to receive a payment.
- The Council’s energy rebate scheme is discretionary. This means it is for the Council to decide the criteria of the scheme. The Council has also followed a proper decision-making process before deciding on the criteria.
- While I note Mr X disagrees with the criteria set by the Council, it is for the Council to decide its own discretionary scheme. We would not be able to criticise or change the Council’s decision. Therefore, I will not investigate this complaint as there is insufficient evidence of fault to justify an investigation.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman