The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to apply a Long-Term Empty Property Premium. This is because there is a right of appeal to a Valuation Tribunal, and it would be reasonable to expect Miss Y to use this right of appeal.
The complaint
Miss Y complains that the Council has incorrectly applied a Long-Term Empty Property Premium. She says that the Council should write off the debt that she has accumulated from this. Miss Y said the Council’s actions has caused her financial hardship.
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 Miss Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms Y says that her property has been damaged and is uninhabitable. As a result, Ms Y said she has been unable to rent the property out and the Council has applied a Long-Term Empty Property Premium causing her financial hardship.
We cannot determine whether an entitlement to a discount or exemption should apply; only a Valuation Tribunal can do this.
Any dispute about liability, discounts or exemptions from Council tax are therefore a matter for the 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 Miss Y’s complaint because there is a right of appeal to a Valuation Tribunal, and it would be reasonable to expect her to use this right.
Investigator's decision on behalf of the Ombudsman