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
- 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.
- Miss X says the change has caused her distress and her finances have been affected adversely.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Valuation Tribunal deals with appeals against decisions on council tax liability.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
Final decision
- We cannot investigate Miss X’s complaint as she has already appealed to the specialist tribunal.
Investigator's decision on behalf of the Ombudsman