Hart District Council (21 007 694)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 12 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint the Council requires him to pay council tax on an empty property during the Covid-19 period when he could not get new tenants and was refurbishing the property. There is insufficient evidence of Council fault and we cannot achieve the outcome Mr X wants.
The complaint
- Mr X complains the Council is demanding he pays council tax between April and August 2020 on an empty property which he had previously let. Mr X says due to the impact of covid he could not arrange new tenants and it took longer than expected to refurbish the property. Mr X wants the Council to grant a waiver or exercise its discretion so he does not pay the tax.
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 or may decide not to continue with an investigation if we decide:
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I have considered Mr X’s information and comments. I have considered the Council’s email dated 25 August explaining its view.
My assessment
- I will not investigate this complaint because the Ombudsman cannot achieve what Mr X wants for the following reasons:
- The law says a council tax reduction scheme and policy on exempt dwellings can only lawfully be questioned at court, via judicial review (Local Government Finance Act 1992/2012, section 66). The Council says it decided from 2013 not to have exemptions for unoccupied properties.
- There is insufficient evidence of fault. The Council explained the position to Mr X. It is legally required to collect the tax, but was willing to consider spreading the payments over a few months.
Final decision
- The Ombudsman will not investigate Mr X’s complaint the Council demanded he pay council tax on an empty property during the Covid-19 period when he could not get new tenants and was refurbishing the property. There is insufficient evidence of Council fault and we cannot achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman