The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax second home premium. This is because there is not enough evidence of fault by the Council to justify an investigation.
The complaint
Mr X complained the Council failed to respond to his query about a second home premium and his request for it to be removed as he was selling it. He said this caused him frustration and financial strain.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
In March 2025 Mr X contacted the Council about a second home he owned. He said the Council had not sent him the notice required before charging a second home premium from April 2025. He said he was selling the property.
In April 2025 Mr X complained he had received no reply and then, in May 2025, he complained to the Ombudsman.
In June 2025 the Council responded to Mr X. It apologised for its delay and stated it had sent second home owners, including Mr X, a notice in December 2024. It accepted Mr X was selling and removed the premium from April 2025.
An investigation is not justified here because there is insufficient evidence of fault in the Council’s handling of Mr X’s second home council tax premium. While there was some delay in responding to Mr X’s complaint, we will not investigate complaint handling where we are not investigating the core matters giving rise to the complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman