Summary: We will not investigate this complaint about planning enforcement action and Council tax as he had a right of appeal of appeal which he exercised in part. He can also pursue his complaint to the Information Commissioner’s Office.

The complaint

1. Mr X says that the Council unreasonably served a Listed Building Enforcement Notice against him and unfairly charged him Council tax on the property while he could not inhabit it.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. 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.

6. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
7. We cannot investigate a complaint if someone has appealed to a government minister. The Planning Inspector acts on behalf of a government minister. (Local Government Act 1974, section 26(6)(b), as amended)
8. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

9. I considered information provided by the complainant and the Council.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. Mr X says that the Council issued a Listed Building Notice on his property for changes made to the property by the Council before his purchase. The court can determine whether such a notice should be applied. I see no reason why an appeal to the courts could not be made in this case.
12. Any decision as to whether Mr X was liable for Council tax (or any exemptions of discounts) 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.
13. Mr X says that the Council failed to supply information from his Freedom of Information request. Any complaint about such a failure is a matter for the Information Commissioner’s Office and not the Ombudsman.
14. I note that Mr X appealed to the Planning Inspector about the notice and says the Council give false information to the Planning Inspector. The Planning Inspector is out of our jurisdiction and any complaint about the Planning Inspector decision can be appealed to the courts.

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Investigator's decision on behalf of the Ombudsman