The Ombudsman's final decision
Summary: Ms X complains about the Council’s decision regarding council tax liability and delay in dealing with her planning application. The Ombudsman will not investigate this complaint because this could be appealed to a Valuation Tribunal and a Planning Inspector.
The complaint
Ms X complains about the Council’s decision regarding council tax liability and delay in dealing with her planning application.
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 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 a decision to refuse planning permission conditions placed on planning permission a planning enforcement notice.
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.
I considered the complainant’s comments on my draft decision.
My assessment
Ms X says that, because of unreasonable delays by the Council in determining her planning application, she was caused an additional empty homes council tax premium on her property.
Any delay in the consideration of a planning application can be appealed to a Planning Inspector. I see no reason why such an appeal could not be made in this case.
The addition of the council tax premium could be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
Final decision
I do not intend to investigate this complaint because there was a right of appeal to a Valuation Tribunal and Planning Inspector.
Investigator's decision on behalf of the Ombudsman