Summary: We will not investigate Mr X’s complaint about advice issued over council tax exemptions. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. Mr X complains that the Council gave him incorrect advice on whether he could claim an exemption for council tax whilst his property was empty. He says that he was initially told he could claim an exemption, but that the council later informed him that this was not the case. Mr X feels the Council should honour the initial advice he was given, or provide an offer of resolution.

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The Ombudsman’s role and powers

2. 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 injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered Mr X’s complaint, the Council’s responses, and information published on the Council's website.
4. I considered the Ombudsman’s Assessment Code.
5. Mr X has offered comments on a draft version of this decision, which I have considered when making my final decision.

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My assessment

6. Mr X complained to the Council that he had been given conflicting advice about claiming an exemption from paying council tax for an empty property. He said that he was told in a telephone call that he could claim an exemption for six months and that he should contact the Council when he received his first council tax bill. Mr X says that he did so, but was told that there was no applicable exemption in his circumstances. Mr X said that he wanted the Council to honour the original advice it provided, or provide an offer of resolution.
7. The Council responded to Mr X’s complaint. In its response, the Council:
• Confirmed that the council tax account was correct and had been managed in line with its policy.
• Explained the legal basis for its powers to set discounts and exemptions and outlined its policy on empty properties.
• Advised that it could not evidence the earlier telephone call made by Mr X, but that details of all exemptions were available on the Council’s website. Mr X was encouraged to check the website for any possible entitlements.
• Confirmed the outstanding balance and asked Mr X to pay this as soon as possible. Direct contact details were provided in the event that Mr X required more time to make arrangements.
8. There is no evidence available of the original telephone call between Mr X and the Council, or evidence that Mr X was provided with incorrect advice regarding his need to pay council tax. The Council confirmed its position regarding liability when Mr X contacted it after receiving his first bill.
9. Council tax is payable unless a specific exemption applies. In its response to Mr X’s complaint, the Council advised that a list of exemptions is available on the Council’s website. Mr X is able to view these exemptions and apply for those that may be relevant to his circumstances. The Council will consider any request and provide its decision in writing. If Mr X disagrees with the outcome, he can appeal to the Valuation Tribunal.
10. Had the Council given incorrect advice to Mr X at an earlier stage about his liability to pay Council Tax, this would not have been binding. This is because the requirement to pay council tax is outlined in the relevant legislation. Moreover, even if the Council had given incorrect advice at an earlier stage, this would not have caused Mr X significant injustice. The initial bill provided by the Council outlined Mr X’s liability to pay and this was confirmed by the Council when he made his complaint.

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Final decision

11. We will not investigate Mr X’s complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman