The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council processed the complainant’s £150 energy rebate. This is because there is insufficient evidence of fault and injustice.
The complaint
The complainant, whom I refer to as Mr X, complains about the way the Council handled his £150 energy rebate. He complains of incompetence, missed deadlines and lies. He wants compensation for his wasted time and energy.
The Ombudsman’s role and powers
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, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Government guidance said councils should ensure everyone received the £150 energy rebate by 30 September.
Mr X contacted the Council in April about the energy rebate. The Council, in April, said that “payments will most likely be made from mid- May…”. It invited Mr X to provide his bank details. Mr X provided his details on 16 May and made several calls and sent emails chasing payment. He says he was told in May the payment would be made within two weeks but this did not happen.
The Council paid the £150 into Mr X’s bank account on 13 June.
Mr X complained and asked for £30 compensation. In response the Council apologised for the delay in making the payment. It explained it had not had much time to administer a new scheme and it had to buy and test new software to make the payments. It said Mr X had been told that payments would be made from mid- May and it had not said that would be the date of payment. The Council said Mr X received his payment in June before the September deadline. The Council apologised for not responding more quickly to Mr X’s request for compensation but said it would not pay compensation.
I will not start an investigation because there is insufficient evidence of fault and injustice. The Council had to implement a new scheme within a short time scale. It told Mr X it expected to make payments from mid-May which it did. It may have given different timescales in response to Mr X’s calls and emails but this appears to have been due to a changing situation as to when it would be able to start making payments. It was a reflection of a developing situation rather than lies and incompetence as Mr X alleges. Mr X received the payment and has not suffered a financial loss so the impact of any delay is not one that requires an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.
Investigator's decision on behalf of the Ombudsman