Summary: We will not investigate Mrs B’s complaint about the Council’s decision to charge a council tax empty property premium. This is because it is reasonable for Mrs B to put in an appeal to the Valuation Tribunal.

The complaint

1. Mrs B complains the Council has charged her a council tax empty property premium even though she has provided evidence that the property is occupied by tenants.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act 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 Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs B has a right of appeal to the Valuation Tribunal against the Council’s decision to apply a council tax empty property premium to her property. This is the appropriate route set out in law to challenge this decision and the tribunal has the power to overturn the Council’s decision.
8. I find it is reasonable for Mrs B to put in an appeal to the Valuation Tribunal. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs B’s complaint because it is reasonable for her to put in an appeal to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman