Ashfield District Council (25 024 519)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Jan 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss B’s complaint that the Council has wrongly applied an empty property council tax premium to her property. This is because it is reasonable for Miss B to put in an appeal to the Valuation Tribunal.
The complaint
- Miss B complains the Council has wrongly charged the empty home council tax premium on her property which needs complete renovation. Miss B says she is doing the work as quickly as possible and it is unfair to pay double council tax during this period. Miss B would like the Council to remove this premium and reimburse the extra council tax she has paid.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by Miss B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss B may challenge the Council’s decision on her property’s council tax liability by putting in an appeal to the Valuation Tribunal. This is the appropriate route to challenge such a decision and we generally expect it to be used.
- A person should appeal to the Tribunal within two months of receiving the authority’s response to their complaint, or within four months of making the complaint if the authority does not respond.
- If a person misses this time limit due to circumstances outside their control, they may put in a late appeal to the Tribunal.
- I find it is reasonable for Miss B to put in an appeal to the Valuation Tribunal. So, we will not investigate this complaint.
Final decision
- We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman