The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council charging a council tax premium for second homes. This is because the law says such decisions can only be challenged by judicial review.
The complaint
Mr B complains the Council has wrongly decided to charge a 100% council tax premium on properties which are second homes. Mr B, who is being charged this premium, says this policy is immoral and discriminatory. Mr B would like the Council to stop charging this premium and reimburse what he has paid to date.
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 an investigation if we decide we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s decision to introduce this council tax premium is part of the council tax setting process undertaken by the Council. The law says such decisions can only be challenged by judicial review in the High Court (Paragraph 49, Schedule 7 Local Government Act 2003).
So, we will not investigate a matter which the law does not allow us to investigate.
Final decision
We will not investigate Mr B’s complaint because the law does not allow us to investigate this matter.
Investigator's decision on behalf of the Ombudsman