Stockton-on-Tees Borough Council (23 019 385)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mrs X’s council tax account as the case is now with another body, the Valuation Office Agency.
The complaint
- Mrs X complained about the Council’s decision to charge a council tax empty property premium on her rental property. Mrs X asked the Council to apply a discretionary exemption due to the circumstances of her case. Mrs X has now asked the Valuation Office Agency (VOA) to remove the property from the council tax list due to damage caused to it by the previous tenant. Mrs X says this matter has caused her distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate as Mrs X has asked the VOA to remove the property from the council tax list. I consider that this, in effect, supersedes what has taken place before.
- The VOA is independent of the Council, and it will decide on Mrs X’s case independently of the Council. The Council is not empowered to determine this matter.
- If the VOA removes the property from the list, then no council tax will be payable.
- The VOA is not a body within our jurisdiction.
- For these reasons, we will not investigate.
Final decision
- We will not investigate Mrs X’s complaint because the matter is essentially now out of the hands of the Council and is with an independent body, the VOA.
Investigator's decision on behalf of the Ombudsman