Walsall Metropolitan Borough Council (24 020 934)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 19 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax premiums because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains about the application of a Council tax premium.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains that the property he bought has an empty home Council tax premium applied to it although he only owed it for a short period.
- The Council says that the property was empty for 11 months prior to Mr X’s purchase so, as the property remained empty for more than a month, an empty homes premium applied. It added that the premium relates to the property and not the ownership.
- Any dispute as to whether the premium applies can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
- We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman