Summary: We will not investigate this complaint about how the Council dealt with complaints about an energy rebate scheme as much of this complaint is made late to us plus there is insufficient remaining injustice to justify our further action. There is insufficient injustice arising from the Council’s response to Miss X’s request for a copy of a verbal complaint she made to it to justify our further action.

The complaint

1. Miss X complains about how the Council dealt with her after she told it she wanted to return money paid to her under the council tax energy rebate scheme in 2022. Miss X also complains about the Council’s response when she requested a copy of a complaint she had made to it verbally. Miss X considers the Council has treated her appallingly.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We investigate 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 continue an investigation if we decide any alleged fault has not caused significant injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

Energy rebate scheme

6. In 2022, Miss X received a £150 council tax rebate under the Government’s energy rebate scheme that was administered by individual councils. After this, Miss X became concerned about the terms and conditions of the rebate and decided to return the money to the Council. Miss X complains the Council gave her incorrect information about the scheme, provided no help in regard to how to return the money and failed to deal with these matters as complaints.
7. Miss X knew about these issues in 2022/early to mid-2023. Miss X did not complain to us until mid-September 2024. Miss X’s complaint is therefore made late to us, that is not within a year of her knowing about the problems. I do not consider there are good reasons for us to investigate now.
8. Miss X contacted the Council on 8 September 2023 regarding a specific issue she had with the terms and conditions of the rebate which related to customer indemnity. Miss X complains that despite asking several times about this matter, the Council did not help. Miss X says the Council has now told her that as she repaid the money, the terms and conditions no longer apply. Miss X is dissatisfied with this and seeks written confirmation of this from the contractor that administered the scheme on the Council’s behalf.
9. Miss X’s complaint to us about this matter again looks to be made late. However, I do not consider we should investigate as the Council has advised Miss X she is no longer bound by the rebate agreement. Additionally, while I recognise Miss X’s concerns in this regard, there has been no significant, tangible injustice caused to her from agreeing to the terms and conditions of the rebate or from the clause within them regarding indemnity. I do not consider this therefore meets the tests that would warrant our further involvement.

Reasonable Adjustments

10. Miss X requested a copy of a complaint she had made verbally to the Council in 2023 but was told it had been destroyed. Miss X requires a reasonable adjustment to be able to provide information verbally, due to her disability. Miss X feels that as her complaint was not retained, this indicates the Council is discriminatory and does not treat verbal complaints as seriously as written ones.
11. I recognise Miss X remains dissatisfied with what happened in this regard, but it is unlikely we could conclude the Council’s processes are lacking from how it dealt with one verbal complaint. In addition, from our perspective, any injustice arising personally to Miss X from any Council fault in how it dealt with this matter is not significant enough to justify our further action.
12. For these reasons, we will not investigate.

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Final decision

13. We will not investigate Miss X’s complaint because part is made late and there is insufficient evidence of a serious injustice arising from the other aspects of the complaints.

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Investigator's decision on behalf of the Ombudsman