Summary: We will not investigate this complaint about the Council’s policy on empty home council tax charges. This is because we cannot criticise the Council’s policy or achieve the outcome the complainant seeks.

The complaint

1. Mr X complained about the Council’s decision to levy a premium council tax charge on his property for a period when it was empty. Mr X says he was carrying out work at the property to prepare it for occupation after buying it and feels the charge is unfair. Mr X wants the Council to waive the charge.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. Under the Local Government Finance Act 2012, the Council is entitled to adopt a policy to charge a council tax premium on empty homes. While I recognise Mr X feels the policy is unfair, we cannot criticise the policy or ask the Council to waive the charge.
7. If Mr X considers the Council’s decision on the charge is wrong then he can appeal against it to the Valuation Tribunal, the independent body that determines such matters.
8. For these reasons, we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because we cannot criticise the Council’s policy or achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman