Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint that he should not have to pay the empty homes council tax premium. This is because the Valuation Tribunal is better placed to investigate this complaint.

The complaint

1. Mr X complained the Council has not provided an adequate response to his complaint that he should not be charged the empty homes council tax premium.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint..

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

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 Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained that he should be exempt from paying the empty homes council tax premium on his property. The Council did not uphold his complaint and maintained that he is liable.
7. The Ombudsman will not usually investigate complaints where there is another body better placed to investigate the matters complained about. The Valuation Tribunal was set up to consider complaints regarding council tax liability and exemption. It would be reasonable for Mr X to refer his complaint to Tribunal.

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Final decision

8. We will not investigate Mr X’s complaint because there is another body better placed to investigate this complaint.

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Investigator's decision on behalf of the Ombudsman