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.
The complaint
Ms X complains that a Council tax premium has been added erroneously to her properties.
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 properties she owns are being used and not empty. Nevertheless, the Council has applied an empty homes premium to them.
Any dispute about liability for Council tax premiums can be appealed to a Valuation Tribunal. An appeal can be made where no decision has been made by a Council following any dispute.
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 has a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman