Summary: We will not investigate this complaint about council tax liability. Mr X can appeal to the Valuation Tribunal, and it is reasonable to expect him to do this. For the other parts of Mr X’s complaint, we could not add to the Council’s investigation, and we cannot achieve the outcome he seeks.

The complaint

1. Mr X complained the Council incorrectly applied the empty homes premium to properties he owns.
2. Mr X said the Council’s consideration of his complaint was poor, with drift and delay in responding to him. Mr X has applied to the Valuation Office Agency for business rates, but the Council is continuing to pursue him for the outstanding council tax whilst he awaits an outcome.
3. Mr X said that this has caused him frustration and financial difficulty.

Back to top

The Ombudsman’s role and powers

4. 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)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. 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
• we cannot achieve the outcome someone wants

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

Back to top

How I considered this complaint

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

Back to top

My assessment

9. Mr X contacted the Council to question its decision to apply the empty home premium to properties he owns.
10. Disputes about council tax liability are considered by the Valuation Tribunal. It is reasonable to expect Mr X to use this appeal right.
11. The Council accepted there was drift, delay and administrative fault in how it handled Mr X’s representations and offered him an apology for this. We could not add to the investigation the Council has already undertaken.
12. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
13. There is nothing in law to say a council cannot pursue recovery pending an appeal about the refusal of an exemption or a discount. The legislation says that matters that could go before the Valuation Tribunal cannot be used as a defence in court against the award of a liability order.
14. We cannot instruct the Council to pause its recovery action and so cannot achieve the outcome that Mr X seeks.

Back to top

Final decision

15. We will not investigate Mr X’s complaint because he can appeal to the Valuation Tribunal, we could not add to the Council’s investigation, and we cannot achieve the outcome that he seeks.

Back to top

Investigator's decision on behalf of the Ombudsman