Summary
Ms X complains that Council delays led to an increased Council tax bill. We will not investigate this complaint because she could appeal to a Valuation Tribunal.
The complaint
Ms X complains that Council delays led to an increased Council tax bill.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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.
The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b)) The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about delay – usually over eight weeks – by an authority in deciding an application for planning permission.
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.
My assessment
Ms X says that she bought a property which required planning permission. She says there were significant delays in improving the house due to planning delays and lack of communication. She says that the Council imposed an empty home premium on her property for Council tax which caused her extra costs.
Any dispute about liability for Council tax or the application of an empty house premium can be appealed to a Valuation Tribunal.
Further, the Valuation Tribunal says that a person who has appealed to them should continue to pay their Council tax whilst waiting for an outcome, to avoid extra costs.
Amy dispute about unreasonable delay in determining a planning application could be appealed to a Planning Inspector.
Investigator's decision on behalf of the Ombudsman