Summary: We will not investigate Mr X’s complaint about council tax charged on his empty property as we can achieve no meaningful outcome for Mr X and there is no evidence of fault by the Council.

The complaint

1. Mr X complains the Council charged him 300% council tax on his empty property despite it being for sale. Mr X has been impacted financially by this.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault or we cannot achieve the outcome someone seeks (Local Government Act 1974, section 24A(6), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complain

5. I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments. I have considered the comments he made in response in reaching this final decision.

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What I found

6. Mr X complains the Council has charged him 300% council tax on his property despite it being for sale. In doing this, Mr X complains the Council has ignored Government guidance that people who are trying to sell empty homes should not be penalised in this way. Mr X wants the charge to be waived.
7. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 gave councils the power to vary council tax charges on properties that lie empty for more than two years. In 2019, the Council adopted a policy to levy a 300% charge on properties empty for five years or more.
8. The Council has levied this charge on Mr X. It has considered all the arguments put forward by Mr X as to why it should use its discretion not to make this levy but it has rejected these.
9. The Council’s policy on council tax charges on empty properties can only be challenged by judicial review in the High Court.

Analysis

10. We cannot question the merits of the Council’s decision on Mr X’s council tax unless there is fault in the way it was reached. I have not seen evidence of such fault.
11. We cannot question the Council’s empty homes charging policy as it can only be challenged by judicial review in the High Court.
12. For these reasons, we will not investigate.

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Final decision

13. We will not investigate this complaint as there is no indication of fault by the Council and we cannot achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman