Summary: We will not investigate this complaint that the Council has unreasonably charged council tax on an uninhabitable property. This is because there is no sign of fault by the Council regarding its policy, and the property owner could have appealed to the Valuation Tribunal if he felt the charging decision was wrong.

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start an investigation if, for example, we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation makes its decisions. But if there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
5. The Valuation Tribunal (VT) is a tribunal that deals with appeals against councils’ decisions about council tax liability, discounts, and exemptions.

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How I considered this complaint

6. I considered the information Mr B provided with his complaint. I also took account of the Ombudsman’s Assessment Code.

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My assessment

7. Mr B undertook a loft conversion at his flat. Mr B said he could not stay at the property at the time on health and safety grounds and, in any case, it was uninhabitable as there was no roof or basic facilities.
8. As a result, Mr B asked the Council for an exemption from council tax. But the Council said there was no longer an exemption or discount in those circumstances.
9. However we do not have grounds to start an investigation into Mr B’s complaint about this matter.
10. In the past there was a universal exemption from council tax regarding unfurnished and unoccupied properties needing major repairs or structural alterations. But this provision was abolished in April 2013. Since then, councils have had discretion over whether or not to apply a similar exemption. The Council is one of the many which has decided not to.
11. But we may not question the merits of Council decisions if they were made without fault. The Council’s policy decision not to have an exemption for empty properties undergoing major works was one it was reasonably entitled to take given its discretion in this respect, regardless of what other councils decided to do. As a result, we would not be in a position to fault the Council for adopting this policy and applying it in Mr B’s case.
12. In addition, if Mr B considered the Council’s decision he was not entitled to an exemption was wrong, he had a right of appeal to the Valuation Tribunal. I see no reason Mr B should not be expected to have gone to the Valuation Tribunal in those circumstances. Therefore, I consider the restriction on our jurisdiction to investigate which I refer to in paragraph 4 also applies in his case.

Final decision

13. We will not investigate Mr B’s complaint that the Council unreasonably refused him an exemption from council tax when his property was empty and subject to major works. This is because there is no sign of fault in the Council’s adoption of a policy to have no exemption on those grounds, and Mr B also had a right of appeal to the Valuation Tribunal he could have used to challenge its decision in his case.

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Investigator's decision on behalf of the Ombudsman