Gedling Borough Council (25 027 124)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 11 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Council tax premium because there is a right of appeal to a valuation tribunal and insufficient evidence of fault by the Council.
The complaint
- Mr X complains about the application of an empty homes premium to a property he bought.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he bought a property in 2024 to renovate and did not appreciate that the property would receive an empty homes Council tax premium if he did not move in by a certain date.
- The information about the Council’s empty homes premium is available on the Council’s website. I am not satisfied that the information provided by the Council was administrative fault and so the Ombudsman could not be critical of the Council’s actions.
- Any dispute about a Council tax premium can be appealed to a valuation tribunal. The valuation tribunal is an independent body which can also determine any disputes about liability, discounts or exemptions from Council tax. I see no reason why such an appeal could not be made in this case.
Final decision
- We will not investigate Mr X’s complaint because there is an appeal to a valuation tribunal and there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman