Summary: We will not investigate this complaint about a Council tax premium as there is a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council has applied an empty homes premium on her property despite the problems she has had rebuilding the house.

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The Ombudsman’s role and powers

2. 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)
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.

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My assessment

6. Ms X says that the Council unfairly applied an empty homes premium to her property despite the problems she encountered during Covid lockdown. Further she says that the premium was applied incorrectly as it remained in place after she moved into the house.
7. Any dispute about liability for Council tax can be appealed to a Valuation Tribunal.
8. 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.
9. The Council says that they have advised Ms X of her right of appeal to a Valuation Tribunal as to whether a premium should apply to her property. Ms X could also ask the Council to use its discretion to waive Council tax and then appeal to a Valuation Tribunal any refusal to do so.

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Final decision

10. We will not investigate Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman