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.

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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 and the Council. This includes the complaint correspondence. I also considered our Assessment Code, government guidance regarding rebate eligibility, the relevant council tax legislation, 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 rules say that to be eligible the person must be liable to pay council tax for a band A to D property on 1 April 2022. Eligibility is determined on the position at the end of the day on 1 April 2022. This reflects council tax legislation which says liability is determined by the position at the end of the day.
5. Mr X changed his moving plans to help other people in the property chain. He moved out of his old property at 4pm on 1 April. He then stayed with family until he moved into his new home on 8 April.
6. The Council decided Mr X is not eligible for the rebate because it ended his liability for council tax for his old property on 31 March and his liability for his new home started on 8 April. The Council explained that liability is based on the situation at the end of the day and he is not eligible for the rebate because he was not liable for council tax on 1 April.
7. Mr X disagrees with the Council’s decision and says he is only in this position because he helped someone else in the property chain.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council explained the eligibility rules and said it is following government guidance. Eligibility for the rebate is dependent on a person being liable for council tax on 1 April 2022. Mr X moved out at 4pm on 1 April so, based on council tax legislation, he was not liable for council tax based on the situation at the end of the day. And, the government rebate guidance states eligibility is based on the situation at the end of the day. I can understand why Mr X feels aggrieved but there is nothing to suggest fault in the way the Council has applied the rebate rules.
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 the government guidance.

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Final decision

10. We will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman