Summary: We will not investigate this complaint about the Council’s decision to apply an empty home premium to the complainant’s council tax account. This is because it is unlikely an investigation would add to the Council’s response. The complainant also could have appealed to a Valuation Tribunal.

The complaint

1. Mr X has complained the Council unfairly applied an empty homes premium to his council tax account.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says the Council incorrectly applied an empty home premium to his council tax account. Mr X says he provided information to show he lived in the property but there were delays before the premium was removed. Mr X also says the Council took too long to respond to his correspondence and he has been caused significant stress by the matter.
9. The Council has accepted there were delays and some of its correspondence could have been better worded. It has apologised and removed the premium. It has also offered Mr X £100 for the issues he has encountered. I consider this a suitable remedy in the circumstances, and it is unlikely an investigation by the Ombudsman would achieve anything more for Mr X. Mr X also could have appealed to a Valuation Tribunal if he considered his property should be exempt from the council tax premium. The tribunal is an independent body which can determine any dispute about such decisions.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely an investigation would add to the Council’s response. Mr X also could have appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman