The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax premium as there is a legal remedy.
The complaint
Ms X complains about the Council’s decision to impose a premium on second homes.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complains that the Council has imposed a Council tax premium on her second home which she considers unfair.
The Council decided to increase Council tax on second homes under Section 11A of the Local Government Act 1992 (as amended). Section 66(2) of the same Act says an individual can only challenge these decisions by a judicial review in the High Court. Because of this I cannot investigate how the Council decided this.
Final decision
We will not investigate Ms X’s complaint because there is a right to take the Council to court.
Investigator's decision on behalf of the Ombudsman