The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax premiums as the matter is out of time and there was an appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council considers her liable for Council tax premium (and failed to tell her) on a property she bought in 2022.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X bought a property in 2022 but says that the Council failed to tell her that an empty home premium would be applied for her Council tax.
The Council told her in January 2023 that she could complain to this office about lack of notification. I see no reason why a complaint could not have been made within 12 months and so this complaint is out of time.
Any complaint about Council tax premiums or liability could be appealed to a 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 it is out of time and there was a right of appeal to Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman