Summary: We will not investigate this complaint about the Council’s actions with regard to an empty property. We cannot investigate complaints about how councils spend public resources which affects all or most of the residents of their areas. There is insufficient evidence of any significant personal injustice to Mr X caused by the Council’s actions.

The complaint

1. Mr X complained about the Council spending council taxpayer’s funds on works in default to a nearby vacant property in 2000/2001. He says the Council failed to recover the costs of the works which have bene paid for by taxpayers. He also complained about the Council charging council tax from an unauthorised occupant because he says this is encouraging criminal activity.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
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)

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How I considered this complaint

4. I considered the information provided by the complainant and the Council’s responses.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council wasted public funds when it carried out works to a nearby property which is now dilapidated and has bene empty for some time. He says the cost of the works was not recovered from the owners and that he as a taxpayer has had to pay for the losses.
7. The Council says it carried out the works in default over 20 years ago as part of a statutory notice in 2000/2001. There was a requirement to carry out the works and charge the owners but it is not always possible to recover the costs. As it is over 202 years ago we cannot consider this matter now. Complaints about how an authority spends its resources from council tax is a matter which affects all or most of the residents of a district is outside our jurisdiction under the provisions of Local Government Act 1974.
8. The Council says it is required by legislation to collect council tax from occupants of residential property. It also says the current occupier has an interest in the property and therefore is liable for payments. Mr X claims that the property is bona vacantia which means there is no identifiable owner and it is managed by the government’s Bona Vacantia Division (BVD). The Council says there is no evidence that this is the case or that it should refer the matter to the BVD.
9. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
10. In this case there is insufficient evidence of any significant injustice caused to Mr X which would be in our jurisdiction to investigate.

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Final decision

11. We will not investigate this complaint about the Council’s actions with regard to an empty property. We cannot investigate complaints about how councils spend public resources which affects all or most of the residents of their areas. There is insufficient evidence of any significant personal injustice to Mr X caused by the Council’s actions.

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Investigator's decision on behalf of the Ombudsman