Summary: Ms X complains about the Council’s decision to apply a premium to her council tax. The Ombudsman will not investigate this complaint because there is a right of appeal to Valuation Tribunal.

The complaint

1. Ms X complains about the Council’s decision to apply a premium to her council tax.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I have considered Ms X’s comments on the draft decision.

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My assessment

7. Ms X owns a separate property which is liable for council tax. The property is empty and so the Council has now applied the second home premium to the council tax bill. Ms X argues that this is unfair as she has had problems renovating the house and her health is poor.
8. Any dispute about the application of a council tax premium (or discount or exemption) can be appealed to the Valuation Tribunal. 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.
9. Ms X is also unhappy about the way the Council has communicated with her about this matter. The Ombudsman would not investigate a complaint about matters which are subsidiary to a main complaint which is out of jurisdiction.

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Final decision

10. I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman