Source · LGO (Local Government & Social Care Ombudsman)

North Kesteven District Council

LGO (Local Government & Social Care Ombudsman) Other Reference 25-000-177 Sector Benefits And Tax Category Council Tax Decided 22 April 2025

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about a Council tax premium because there is a right of appeal to a Valuation Tribunal.

The complaint

Mr X complains that the Council unreasonably applied an empty homes premium to 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 is an executor for his late father’s property. He says that he has struggled to sell the property and, after two years, the Council has unreasonably imposed an empty homes premium.

The Council agreed to reduce the period of the premium but, nevertheless, imposed a premium of 150% Council tax.

The Ombudsman cannot determine whether an empty homes premium 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 Mr X’s complaint because he could appeal to a Valuation Tribunal.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving North Kesteven District Council

Reference Date Summary Outcome
25-012-543 Other
25-019-301 23 Jun 2026 We will not investigate this complaint about how the Council dealt with Miss X’s housing application. The Council has accepted … Upheld
25-022-437 06 May 2026 We will not investigate this complaint about the Council’s response to Mr X’s complaint that he should not have to … Other
24-012-791 18 Dec 2024 Summary: We will not investigate this complaint about the way the Council considered the complainant’s reports that his neighbour has … Other
24-001-850 12 Jun 2024 Summary: We will not investigate this complaint about the Council’s response to a councillor conduct complaint as the injustice claimed … Other
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