North Norfolk District Council (23 001 934)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax banding as they can appeal to the Valuation Tribunal.
The complaint
- Mr X says that he was told by his estate agent that the property he was buying was Band C but when he moved in the Council had increased it to Band D.
The Ombudsman’s role and powers
- 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)
- 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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Band changed because improvements had been done to the property but he says that these were done by the previous owner.
- The Valuation Office Agency can alter the banding of a property where that property has materially altered. The identity of the person who improved the property is irrelevant. Mr X nevertheless has a right of review to the Valuation Office Agency if he thinks the banding is incorrect. He can then appeal further to a Valuation Tribunal if unhappy with their decision.
- The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
Final decision
- We will not investigate Mr X’s complaint because he can appeal, ultimately, to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman