Summary: We will not investigate this complaint about a Council tax premium because the matter has been remedied and there was a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X says that the Council failed to properly respond to his complaint that an empty homes premium had mistakenly been added to his house.

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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 about the same matter. 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.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that the Council told him in February 2023 that his property would be subject to an empty homes premium. Mr X disputed this and sent photographs to prove that it was furnished.
8. The Council accepts that errors were made in the way they responded to Mr X’s communications and has apologised.
9. Mr X says that, when the Council did not immediately remove the premium he moved a tenant into the property. He says that, when the Council agreed to refund the extra Council tax he had paid in March, they paid the amount into a separate Council tax account.
10. The Council accepts that this was an error and the amount was refunded directly to Mr X.
11. I accept that Mr X was put to some time and trouble in corresponding with the Council but any dispute about a Council tax premium is a matter for appeal to the Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
12. I consider that the Council’s apology is sufficient to remedy this matter and there are no grounds therefore to in this matter further.

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Investigator's decision on behalf of the Ombudsman