Summary: We will not investigate this complaint about Council tax premiums because there is insufficient evidence of fault by the Council and a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that the Council did not tell him that an empty homes premium would be applied to houses he inherited.

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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.
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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, after inheriting two properties he was told at the end of the year that the homes attracted empty homes premiums. He says he was not told of this.
8. The Council says that information about the charges were advertised, as required by law, in a local paper. Further the information was available on the Council’s web site. Mr X has a right of appeal to a Valuation Tribunal as to whether the premiums should be apply.
9. 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.
10. I am satisfied that the Council properly notified residents of the premiums. There is no legal requirement to notify residents individually. Further, any determination of whether the Council failed to properly notify residents of the increase would only apply if Mr X lost his appeal, which we do not know at this point.

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Final decision

11. We will not investigate Mr X’s complaint because there is a right of appeal to a Valuation Tribunal and there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman