Stafford Borough Council (21 016 707)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 07 Mar 2022
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