Summary: We will not investigate this complaint about council tax liability as there is insufficient evidence of fault by the Council, causing a significant injustice to the complainant, to warrant our further involvement and we have no remit to challenge the Council's charging policy on empty properties.

The complaint

1. Mr X complains the Council:
1. failed to tell him he would be charged extra council tax on a property he bought in October 2022 due to it having been empty for two years,
2. applied a council tax premium before Mr X had chance to apply for a discount due to the property needing structural repairs and then failed to advise Mr X that the empty premium charge was accumulating, and
3. failed to consider its discretion to reduce council tax during the period when the property was empty and for sale, prior to Mr X purchasing it.
2. Mr X says this has caused him a high degree of stress and that he had to spend three weeks sorting this out. Mr X seeks compensation for this. Mr X also wants the council tax payable on the property to be reduced.

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The Ombudsman’s role and powers

3. 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, or fault causing a significant injustice, to justify investigating, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. It was incumbent on Mr X/his solicitor to ensure Mr X was happy with all aspects of the property prior to him entering into the purchase of it. It was not for the Council to proactively advise Mr X of his potential council tax liability prior to the purchase. I do not therefore consider that the injustice Mr X claims in relation to the empty property premium arises from Council fault.
8. In its complaint response to Mr X, the Council acknowledges that after Mr X had purchased the property it did wrongly advise him that he could apply for a 50% reduction of council tax, due the property undergoing major repairs. The Council apologised for this and explained why the discount could not be applied. While I recognise that this no doubt caused Mr X confusion and frustration, I do not consider this represents a level of injustice that would warrant our further involvement.
9. Any injustice from any delay by the Council in billing Mr X for council tax at that time is remedied, in my view, by the Council, as indicated in its complaint response, proposing to set up a plan to allow Mr X to pay off the areas in instalments. Ultimately, the council tax was due to be paid and we cannot alter this.
10. Any alleged fault by the Council prior to Mr X purchasing the property, which may have led to delays in it being sold, and/or empty for longer than it needed to have been, would need to have been addressed by the previous owners of the property. The same applies to any alleged failure by the Council to consider whether a discretionary reduction in council tax ought to have been applied during this time.
11. The Council can, under the localism Act 2011, charge a premium on council tax on empty properties. We cannot question this or change the level of council tax that is due on the property.
12. For these reasons, we will not investigate.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault, or fault causing a significant injustice to Mr X, to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman