London Borough of Hackney (24 018 736)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Jan 2025
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 has sent him an increased Council tax bill for a second property without explanation.
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 the Council has sent him several bills for his second property (which had been unoccupied for more than two years) without explanation. The Council tax empty homes premium is based upon the length of time the property has remained unoccupied. Any dispute as to this period can be appealed to a Valuation Tribunal. The Council would explain the basis of the liability in its response to an appeal (and review if necessary).
- 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 can appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman