Shropshire Council (21 016 733)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint that the Council’s policy on council tax exemptions and the empty property premium is unfair. The policy can only be questioned at court via judicial review.
The complaint
- Mr X complains the Council’s policy of charging a 100% council tax premium on properties empty for 2 years is unfair when a person in his situation is genuinely trying to sell the property and the market is limited due to the circumstances. Mr X says the Council only has two exemptions.
The Ombudsman’s role and powers
- 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:
- investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I have considered Mr X’s information and comments including the Council’s reply to his complaint.
My assessment
- I will not investigate Mr X’s complaint for the following reasons:
- The Ombudsman cannot investigate the Council’s policy in this area. The law says a council tax reduction scheme including the class of exempt dwellings ‘shall not be questioned except by an application for judicial review’ (Local Government Finance Act 1992, section 66, as amended by the 2012 LGFA).
- The Council has advised Mr X he could apply for discretionary council tax relief if in hardship or there are exceptional circumstances. Mr X has not done so and so there is no injustice. A complaint about a refusal of relief would be outside the Ombudsman’s jurisdiction because there is a right of appeal to the Valuation Tribunal.
Final decision
- The Ombudsman will not investigate Mr X’s complaint that the Council’s policy on council tax exemptions and the empty property premium is unfair. The policy can only be questioned at court via judicial review.
Investigator's decision on behalf of the Ombudsman