Summary: We will not investigate this complaint about council tax and the £150 energy payment. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says he did not get the £150 energy payment so he stopped paying his council tax. He says he only gained from the energy scheme by withholding council tax. Due to inflation he thinks he is now owed £165 for the energy payment.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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, council tax letters and a screenshot showing the £150 was credited to his account. I also considered our Assessment Code.

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My assessment

4. People who pay their council tax by direct debit had the £150 energy rebate automatically credited to their bank account. Mr X does not pay by direct debit so the Council contacted him and asked him to apply for the payment. Mr X did not apply so the Council credited £150 to his council tax account in August 2022. I have seen a screenshot of Mr X’s account which shows the addition of the £150 rebate. Mr X already had council tax arrears so the £150 payment reduced the arrears.
5. Both before and after the £150 award, Mr X did not pay his council tax as billed or keep to payment plans. The Council took recovery action which meant Mr X incurred costs. The Council’s letter of August 2024 says Mr X had not paid any of the council tax due for 2024/25 and he owed £1412. The Council removed some court costs but Mr X still owed council tax for 2024/25.
6. Mr X says he stopped paying the council tax because he did not receive the energy rebate.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I have seen evidence the Council credited £150 to Mr X’s council tax account in August 2022. But, because Mr X already had arrears, which the rebate reduced, it may have appeared he did not receive the £150 – but he did. Arrears arose before and after the £150 credit either because Mr X did not pay on time, and as billed, or because he withheld payment. When people do not pay their council tax a council can take recovery action which may include the addition of costs and the use of bailiffs.
8. I appreciate Mr X is dissatisfied with the way the Council handled his council tax and the energy rebate but there is nothing to suggest we need to start an investigation.

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Final decision

9. 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