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

The complaint

1. Mr X complains that the Council unreasonably applied an empty homes Council tax premium to his property.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that the Council unreasonably imposed an empty homes premium to a property he bought in April 2024. This was partly based upon the time spent empty prior to purchase.
7. He says that the Council did not respond to his complaint.
8. Any dispute about the application of an empty homes premium can be appealed to a Valuation Tribunal.
9. A person must make the appeal within 2 months from the date on the decision.
10. If the council does not reply to them within 2 months, then they can still appeal. In this case, they must appeal within 4 months from the date they first contacted the council.
11. 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.

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Final decision

12. We will not investigate Mr 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