Summary: We will not investigate Mr X’s complaint that the Council charged him an empty property council tax premium and refused to reduce it. We cannot lawfully question the Council’s council tax exemption policy or achieve the outcome Mr X wants.

The complaint

1. Mr X complains the Council in late 2020 applied an empty property premium to his home which cost him an extra £2,196. He says the Council’s policy does not cover the position of new owners or discount where a property is derelict or requiring major building work.
2. Mr X complains the Council failed to properly consider his request that it exercise discretion on exceptional grounds to reduce the premium. The Council said the policy was not to provide an exemption for a vacant property requiring major repairs, his circumstances were common, and that when the property was uninhabitable he could apply to the Valuation Office to remove it from the council tax list. Mr X says the Council fetters its discretion and its actions are legally unreasonable.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I have considered Mr X’s information and comments. The information includes the Council’s reply to his complaints dated 20 January and 30 April 2021.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The law says that a council tax reduction scheme, including policy on exemptions, can only be questioned by judicial review (Local Government Finance Act 1992, section 66, as amended by the 2012 Act). Mr X disagrees with the Council’s policy but we cannot challenge it.
7. There is no fault in the Council rejecting Mr X’s request that it exercise discretion in his favour and nothing the Ombudsman could achieve. Mr X’s reasons included the possibility he could experience delay due to his planning application and covid-19 could cause problems. Mr X moved into his property about 7 months after purchase. The Council considered relevant facts and was entitled to decline his request.
8. Mr X suggests the Council was fettering its discretion and acting unreasonably. Those arguments are also grounds for judicial review.

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Final decision

9. The Ombudsman will not investigate Mr X’s complaint the Council charged him an empty property council tax premium and refused to reduce it. We cannot lawfully question the Council’s council tax exemption policy or achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman