Summary: We will not investigate this complaint about Council tax enforcement because there is insufficient evidence of fault by the Council. Mr X has a right of appeal to a Valuation Tribunal about the application of an empty homes premium and a right of appeal to a Land Tribunal against an Empty Dwelling Management Order.

The complaint

1. Mr X complains about Council tax enforcement and the Council’s application of a premium on his Council tax. He further disputes an Empty Dwelling Management Order obtained by the Council.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Mr X complains that the Council unreasonably enforced a Council tax debt and disputes a Council tax empty homes premium applied to his house. He also complains about the Council’s use of an Empty Dwelling Management Order to obtain his house.
8. The Council provided a chronology which confirmed that Mr X was in Council tax arrears when the Liability Order was obtained. This enabled the Council to commence enforcement action through bailiffs. Mr X says that he has not seen a copy of the Liability Order. The court can provide him with this. I am satisfied that the Council acted without fault in obtaining the Liability Order. Whilst Mr X has paid some of the arrears there remained some debt which the bailiffs continued to enforce by a visit (which increased the costs to Mr X).
9. Mr X can appeal any Empty Dwelling Management Order to the Land Tribunal.
10. Mr X can appeal the Council tax empty homes premium to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Investigator's decision on behalf of the Ombudsman