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

The complaint

1. Mr X says that an empty homes premium should not be applied to his property as he has provided evidence of occupation.

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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 a property he owns has been occupied by family members. He says that the Council has applied an empty homes premium to his Council tax despite the evidence of occupation he has provided.
7. Any dispute about 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.

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Final decision

8. We will not investigate Mr X’s complaint because has a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman