The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax premium because it can be appealed to a Valuation Tribunal.
The complaint
Mr X complains that the Council has imposed an empty homes premium on a property he inherited.
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.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that the Council has unfairly imposed an empty homes premium (of 100%) on a property he inherited despite the fact that the home is unfurnished. He says the Council should also provide a discount as the property is undergoing major repair.
Any dispute about Council tax liability or discounts can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Any argument as to whether the property should be on the Council tax register given its state is a matter to be raised with the Valuation Office Agency, a body out of our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman