Redcar & Cleveland Borough Council (05C03367)

Local taxation                               Maladministration causing injustice

27 September 2006

The Council decided in 2004 that all empty homes in its area should pay the maximum 90 per cent of council tax. ‘Mr and Mrs Weaver’ (real names not used for legal reasons) had bought a bungalow in the area shortly before the Council’s decision and renovated it but, after experiencing hostility from people in the area, they never moved in. When they received the bill for 90 per cent of the council tax Mrs Weaver wrote to explain her circumstances and ask for a reduction in council tax. The Council refused, saying that the decision to set the empty policy discount at 10 per cent had been set at policy level and does not allow for any individual discretion.

“In the course of my investigation of Mrs Weaver’s complaint the Council has maintained that it does not have to consider individual requests for reductions,” said the Ombudsman. “Given the case law and legal principles about the duty of public authorities not to fetter their exercise of discretion, I find the Council’s stance to be inexplicable and, clearly, maladministration.”

The Ombudsman concluded that the Council must consider and reach a decision on Mrs Weaver’s request and must establish internal arrangements for how such requests will be considered and decided in the future. She added that the Council was free to reach any decision that it considers fit on any request, provided that it reaches such a decision properly.

Date Published: 15/01/09