Summary: We will not investigate Ms X’s complaint the Council acted unfairly in handling her council tax account and applying an empty home premium which was not removed until 2019. Ms X complains late and outside the 12-month permitted period. There is insufficient reason to exercise discretion to investigate.

The complaint

1. Ms X complains the Council, from 2018, wrongly claimed her home was an empty property and charged her a higher council tax premium. Ms X wants an investigation into the Council’s actions and why it thought her property was empty. She says the Council ignored her evidence she was living at her home and failed to communicate with her appropriately. Ms X says the Council caused her distress and harm to her health in 2019. She says the Council discriminated against her as a person born abroad whose first language is not English.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information provided by the complainant including correspondence with the Council. I have clarified with the Council the position of Ms X’s account and when the issue raised was resolved.

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My assessment

6. I will not investigate this complaint which is outside the Ombudsman’s jurisdiction for the following reasons:
7. Ms X complains late and outside the ‘permitted period’ of 12 months (see paragraphs 2 and 3 above). Ms X has acknowledged in her complaint that she knew about the matter when the Council wrote to her in November 2018 and March 2019. The Council informed her it had information her property had been empty for two years and would apply the empty property council tax premium.
8. On 27 November 2019, the Council wrote to Ms X’s solicitor and explained what had happened. It accepted the property was not empty and says it had decided to treat Ms X as resident and entitled to the single person council tax discount. The letter advised Ms X she could complain to the Ombudsman. The Council tells me it removed the council tax premium on 6 June 2019 and refunded £815.68. This resolved the matter. No further issue has arisen regarding the empty property premium.
9. I will not exercise discretion to investigate because Ms X could have complained to the Ombudsman some years ago. There is no ongoing injustice and insufficient public interest to investigate. I do not consider it a good use of limited public resources to investigate now.
10. Ms X could have appealed to the Valuation Tribunal against a Council decision on council tax liability or refusal to pay the single person discount (paragraph 2 and 4). The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. I consider it reasonable for Ms X to have used her right of appeal. The Valuation Tribunal could have considered the evidence of whether the property was empty and quashed the Council’s decision.

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Final decision

11. The Ombudsman will not investigate Ms X’s complaint the Council acted unfairly in handling her council tax account and applying an empty home premium which was not removed until 2019. Ms X complains late and outside the 12-month permitted period. There is insufficient reason to exercise discretion to investigate.

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Investigator's decision on behalf of the Ombudsman