Summary: We will not investigate Mr X’s complaint the Council is applying a council tax premium to a property he owns. We cannot achieve the outcome Mr X wants which is the removal of the premium.

The complaint

1. Mr X complains the Council has applied a 100% council tax premium to a property he owns which is empty. Mr X says he is paying double council tax which is unfair when the property is for sale. He says the Council’s policy may be contrary to government guidance. Mr X says the Council has refused his requests to remove the premium.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

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

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

4. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. I have considered the Council’s website information on its council tax policy.

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My assessment

5. I will not investigate this complaint because the Ombudsman cannot achieve the outcome Mr X wants:
6. There is not likely to be fault in the Council applying its council tax policy which says a 100% premium is applied where a property has been unoccupied for 2 years or more.
7. The law says a council tax reduction scheme including the policy on exempt dwellings can only be questioned at court via judicial review (Local Government Finance Act 1992 & 2012, section 66).
8. A complaint that the Council has misapplied its council tax policy or wrongly refused an exemption would be outside the Ombudsman’s jurisdiction because there is a right of appeal to a tribunal (see paragraph 3 above). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. It would be reasonable for Mr X to use or have used his right of appeal because the Tribunal has the power to change the Council’s decision.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint the Council is applying a council tax premium to a property he owns. We cannot achieve the outcome Mr X wants which is the removal of the premium.

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Investigator's decision on behalf of the Ombudsman