Summary: We will not exercise discretion to investigate this complaint about the Council’s rejection of Ms X’s application for a zero-rate exemption for council tax on a property which she owns. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

The complaint

1. Ms X complained about the Council’s refusal to grant her a zero-rate council tax exemption for an empty property which she jointly owns. She says the property is uninhabitable and she is a pensioner on limited income.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X jointly owns a property which she says is uninhabitable because of the state of disrepair. She has been unable to repair the building but the Council has charged her council tax since it has been empty for several years. She applied to the Council for an empty rate exemption so that she did not have to pay full council tax from her pension.
6. In February 2021 the Council informed her and her local councillor who made enquiries for her that it does not have an empty rate discount in its charging policy. Since 2013 councils have had discretion to set their own charging and exemption policy. The Council told her in 2021 that the full amount is due for an empty property. If it is not fit for habitation, she could apply to the Valuation office Agency to have the property removed from the register.
7. We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period. Ms X has been trying to obtain an exemption for several years and her councillors made a formal request which was rejected more than 12 months ago. There is no evidence to suggest that she could not have complained to us sooner.

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Final decision

8. We will not exercise discretion to investigate this complaint about the Council’s rejection of Ms X’s application for a zero-rate exemption for council tax on a property which she owns. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Ms X could not have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman