Gedling Borough Council (23 008 873)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 07 Sep 2023

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the complainant’s Council Tax banding change. This is because the complainant has already used their right to the appeal to the specialist tribunal.

The complaint

  1. Miss X complains about the change in the banding of her property. She would like the Council to reinstate the banding to D, as it was when she bought her property.
  2. Miss X says the change has caused her distress and her finances have been affected adversely.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability.
  3. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Miss X has already used her appeal rights to the Valuation Tribunal Service. I note she did not win her appeal but that does not mean we can now investigate.

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Final decision

  1. We cannot investigate Miss X’s complaint as she has already appealed to the specialist tribunal.

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Investigator's decision on behalf of the Ombudsman

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