Summary: We will not investigate this complaint about a Council tax premium because there is no evidence of fault by the Council and there is a right of appeal to a Valuation Tribunal.

The complaint

1. Mr X complains that the Council did not tell him that an empty homes Council tax premium would apply.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that he renovated a property over two years and was then notified that he had to pay an empty homes premium. He says he would not have moved in earlier had he known of the extra tax.
8. Information about Council tax liabilities, premiums, discounts etc is available on the Council’s website. The Ombudsman does not expect a Council to advise taxpayers about the liability until a bill is required to be issued. Any dispute about the date of liability or its appropriateness can be appealed to a Valuation Tribunal.
9. 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.

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Final decision

10. We will not investigate Mr X’s complaint because there is no evidence of fault and there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman