Source · LGO (Local Government & Social Care Ombudsman)

East Devon District Council

LGO (Local Government & Social Care Ombudsman) Other Reference 25-000-204 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 an empty homes premium because there was a right of appeal to Valuation Tribunal.

The complaint

Ms X complains that the Council unreasonably imposed an empty homes premium to her property despite the Council’s existing policy.

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

Ms X says that the Council imposed an empty homes premium to her property 6 months before the Council imposed its policy. She also says that the property has been up for sale for the previous 18 months.

The Ombudsman cannot determine whether an empty homes premium should apply; only a Valuation Tribunal can do this.

Any dispute about such matters is 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 Ms X’s complaint because she could appeal to a Valuation Tribunal.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving East Devon District Council

Reference Date Summary Outcome
25-021-441 Other
25-018-164 Other
25-012-389 Other
25-008-101 Not Upheld
25-023-824 Other
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