Torbay Council (24 015 811)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 12 Feb 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint that it is the Council’s fault he has been charged an empty property premium as the complaint is made late to us and there are not good reasons to investigate now.

The complaint

  1. Mr X complains about an empty property premium the Council has applied to his council tax account. Mr X says he had to move out of his property as he says the Council did not assist with problems he was experiencing with noise. Mr X wants the Council to write off the debt.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X has known about the premium council tax charge since May 2023, at the latest, as records suggest he contacted the Council about it at this time. The charge was added to the account in 2022; it is likely therefore that Mr X has known about it since that time.
  2. Mr X complained to us in December 2024 and as this complaint was not made within 12 months of him knowing about the problem, it is made late. I consider it is reasonable to expect Mr X to have complained to us sooner and as such, I do not consider there are good reasons to investigate now.

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Final decision

  1. We will not investigate Mr X’s complaint because it is made late and there are not good reasons to investigate now.

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Investigator's decision on behalf of the Ombudsman

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