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 Ms X, disagrees with the Council’s decision that she is ineligible for the £150 energy rebate. She wants the Council to award the rebate or make a pro-rata award.

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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 Ms X and the Council. This includes the complaint correspondence. I also considered the Ombudsman’s Assessment Code.

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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. In addition, the property must be occupied on 1 April.
5. Ms X had major work carried out to her home. The Council awarded an empty and uninhabitable council tax discount from February to September 2022. This reduced Ms X’s council tax by 50% for the period of the award. Ms X did not live in her home from about March until August due to the building work.
6. Ms X applied for the energy rebate. The Council refused the application because Ms X was not living in the property on 1 April.
7. Ms X disagrees with the decision. She says the property remained her home and she continued to pay council tax. She has moved back to the property and, at the very least, thinks she should get a pro-rata payment to cover the months she will be living in the property during this financial year.
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 the person occupying the property on 1 April. Case law has established that an unoccupied property includes a property that is temporarily empty due to building works. Ms X’s home was not occupied on 1 April so there is no suggestion of fault in the Council’s decision that she is ineligible for the rebate.
9. In addition, there is nothing in the government guidance that provides for pro-rata payments of the rebate and that is not something that is included within the scheme. The Council can only make payments in accordance with the government rules. I understand why Ms X feels aggrieved but there is nothing to suggest fault in the way the Council has applied the rebate rules.

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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