Summary: We will not investigate this complaint about the Council’s decision on council tax liability linked to an empty home premium. This is because X has an alternative legal remedy to challenge the Council’s decision and it would be reasonable to expect them to use their appeal rights to achieve what they are looking for.

The complaint

1. X said the Council’s decision to charge them a long-term empty premium was wrong because it had not carried out any checks to establish the proper status of the property in question. X wants the Council to cancel the empty premium.

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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 and I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate X’s complaint because They have an alternative legal remedy to challenge the Council’s decision and, unlike us, only the Tribunal can direct the Council to withdraw the liability.

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Investigator's decision on behalf of the Ombudsman