The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax premiums because there is a right of appeal to a Valuation Tribunal. There is no evidence of fault by the Council in its publicity of the premium.
The complaint
Mr X complains that the Council has imposed an empty homes premium on his property.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he was told in March 2025 that an empty homes premium will be applied to a property he intends to renovate.
The Council says that the empty homes premium has been applied by the Council since April 2023 and details have been available on the Council website. It says the premium will apply as the property is listed as a long term empty property.
I am satisfied that the Council’s website explains the implications of the empty homes premium. Any dispute as to whether it applies can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because there is a right of appeal to a Valuation Tribunal and there is no evidence of fault by the Council in its publicity.
Investigator's decision on behalf of the Ombudsman