City of York Council (21 003 163)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Jul 2021
The Ombudsman's final decision:
Summary: Mr X complains that the Council unreasonably applied the empty homes premium to his property. The Ombudsman will not investigate this complaint because any dispute about the determination of the policy can only be challenged in the courts by judicial review. Further, any dispute about his liability for the premium to his property could be appealed to a Valuation Tribunal.
The complaint
- Mr X complains that the Council unreasonably applied the empty homes premium to his property.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant had an opportunity to comment on my draft decision.
My assessment
- Mr X says that the Council applied the empty homes premium (an increase of 100%) to his council tax as his property had been empty for over two years. He says that this is not fair as he has had problems completing the work required to the house to make it habitable.
- The Valuation Tribunal has confirmed that any dispute about the determination of the empty premium levy to a property can only be considered by the courts via judicial review. The Valuation Tribunal can consider an appeal against any dispute as to liability for the levy or use of discretionary powers by the Council.
- The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Final decision
- I do not intend to investigate this complaint because this is a matter for the courts or an appeal can be made to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman