The Ombudsman's final decision
Summary: We will not investigate this complaint about a Counci tax premium because the matter has been appealed to a Valuation Tribunal.
The complaint
Ms X complains that the Council has unfairly applied an empty homes premium to her Council tax account.
The Ombudsman’s role and powers
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) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she bought her house believing that an empty homes premium would apply to her Council tax account. However, she was then told that this no longer applied and an additional premium was applied.
Ms X appealed to a Valuation Tribunal. The Ombudsman cannot investigate a complaint where a right of appeal to a Valuation Tribunal has been exercised.
The tribunal is an independent body which determines any dispute about such decisions.
Final decision
We will not investigate Ms X’s complaint because she appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman