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

The complaint

1. Mr X complains that he notified the Council that he had bought a property in January 2025 and the Council delayed advising him of his Council tax liability.

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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 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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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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 he bought a property online in January 2025 and was unaware that it was uninhabitable. He says he told the Council of his purchase in January but did not receive a reply until April 2025. He has since received a bill which includes a premium as it had been empty for more than two years prior to purchase.
8. Any dispute about the application of a Council tax premium can be appealed to a Valuation Tribunal. 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. I do not consider that any delay by the Council would have caused any significant injustice to Mr X as he was liable for Council tax in any event.
10. Mr X can also apply to the Valuation Office Agency (a body out of jurisdiction) for delisting for Council tax purposes.

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Final decision

11. We will not investigate Mr X’s complaint because he has a right of appeal to the Valuation Tribunal and there is insufficient injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman