Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for the £150 energy rebate. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, disagrees with the Council’s decision that he is ineligible for the £150 energy rebate. He wants the Council to award the rebate and apologise.

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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 an investigation if 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 information provided by Mr X. This includes the Council’s letter explaining why he is ineligible for the rebate. I also considered our Assessment Code, government guidance regarding rebate eligibility, and comments Mr X made in reply to a draft of this decision.

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My assessment

4. The government produced guidance regarding eligibility for the £150 energy rebate. Councils must follow this guidance. The guidance says an unoccupied property is not eligible for the rebate. Eligibility is determined on the position at the end of the day on 1 April 2022.
5. Mr X moved out of his property on 17 March 2022. He stayed with his daughter until moving into his new home in May.
6. Mr X applied for the energy rebate. The Council refused the application because he was not in occupation of his former home on 1 April. The Council referred to the government guidance and explained that to be eligible the person must be liable for council tax and be in occupation on 1 April.
7. Mr X says he should receive the rebate because he paid council tax from 1985 until March 2022 and then again from May 2022.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council has explained the eligibility rules and that it is following government guidance. Eligibility for the rebate is dependent on a person being liable for council tax, and living in the property, on 1 April 2022. Mr X was not living in the property on 1 April so there is nothing to suggest the Council has applied the rules incorrectly.
9. We are not an appeal body and we cannot intervene because a council makes a decision that someone disagrees with. We cannot ask a council to make an award when that would be contrary to government guidance.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman