The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s long term empty premium charges policy and how it has been applied to Mr X’s property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is no indication of fault in the way the policy has been applied to Mr X’s case so we cannot question the outcome.
The complaint
In summary, Mr X complains about the Council’s policy requiring him to pay ‘double council tax’ on his property.
Mr X confirms the property in question was long term empty for two years before he bought it.
Mr X complains the long-term empty premium charges policy is inequitable. This is because, if his property had been long term empty for five years before purchasing, he would not have been subjected to long term empty charges for twelve months.
Mr X would like a refund and the policy changed.
The Ombudsman’s role and powers
We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant which includes the Council’s complaints response confirming its ‘long term empty property premium charges’ policy. And that the policy is a discretionary one set by local elected members.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because he is complaining about a general policy adopted by the Council. We cannot question it as there is no evidence of fault in the Council’s implementation of its policy.
Investigator's decision on behalf of the Ombudsman