Summary: We cannot investigate this complaint about a council tax premium. Ms X has used her right of appeal to the Valuation Tribunal.

The complaint

1. Ms X complains the Council wrongly applied an empty homes premium on her council tax account. She says she provided utility bills to show the property was not empty, but the Council continued to ask for more evidence. She says this caused her stress and anxiety.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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 and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained to the Council regarding the matters in paragraph 1.
6. The Council replied Ms needed to provide the exact date she moved in and evidence to show occupation. The utility bills she had provided showed limited usage and did not evidence occupation. The Council advised Ms X could appeal its decision to the Valuation Tribunal.
7. Ms X has appealed to the Valuation Tribunal

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Final decision

8. We cannot investigate because Ms X has used her right of appeal.

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Investigator's decision on behalf of the Ombudsman