Summary: We will not investigate this complaint about the Council not paying Mr X the council tax rebate for energy costs. There is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council did not give him the £150 council tax rebate to help with the cost of energy bills. He says this financially disadvantaged him.

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The Ombudsman’s role and powers

2. 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))
3. 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

4. I considered information provided by the complainant. I considered the government’s guidance for councils and its ‘frequently asked questions’ factsheet for households. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Often the occupier of a home is legally liable for council tax, even if someone else owns the property. However, the law says that in certain cases the owner is liable for council tax even if the owner does not live in the home. (Local Government Finance Act 1992, section 8) This applies to a “a dwelling which is inhabited by a minister of any religious denomination as a residence from which he performs the duties of his office.” (The Council Tax (Liability for Owners) Regulations 1992, regulation 2) This is Mr X’s situation. He is not legally liable for his home’s council tax, which his church pays. Mr X pays the energy bills.
6. The Council and Mr X both cited a government factsheet with “frequently asked questions” about the scheme. I have taken account of that, but I have given more weight to the formal guidance the government gave councils on the scheme.
7. The government guidance made clear the £150 rebate is not for every household. Only “…a liable council tax payer…” would receive payment and then only if they met other criteria. As explained above, Mr X is not a liable council tax payer. The guidance also said:

“This means that: Where the council is aware that the liable council tax payer for a chargeable dwelling does not occupy the property (for example in a House in Multiple Occupation or residential care home), no-one will be eligible for the rebate in relation to that property.”

8. Houses in multiple occupation and care homes were only examples, not an exhaustive list. Those examples are also from the same regulation that covers homes occupied by a minister of religion. So there was no fault in the Council taking the guidance to cover all situations where the legally liable council tax payer (in this case, Mr X’s church) does not live in the property.
9. Mr X says he understands in situations like this the Council should find another way of paying the rebate to the householder. However, the government guidance did not require that and there was no fault in the Council following that guidance. Mr X also says the intention of the scheme was to help with energy payments and he does not see why he should be excluded. The government guidance excluded situations where the liable council tax payer does not live in the property, which is Mr X’s situation. There was no fault in the Council having regard to that.
10. Mr X says he understands other local authorities gave rebates to people in his situation. That does not make the Council at fault in this case.
11. When Mr X complained to the Council, the Council was preparing its own discretionary scheme to help with energy bills. As that scheme was not yet operating at the time of the complaint to the Council, it does not affect my decision on this complaint, which was about the Council’s handling of the national scheme.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman