Summary: We will not investigate this complaint about the Council’s decision that he is liable to pay Community Infrastructure Levy. This is because the Valuation Office Agency is the body set up in law to consider these matters and it would be reasonable to expect Mr X to pursue the family’s right of appeal.

The complaint

1. Mr X complains the Council has issued his family with a demand for Community Infrastructure Levy (CIL) when the property in question should be exempt.
2. Mr X says this has caused him and his family significant stress.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When a person is service notice that they are liable for CIL they have a right of appeal to the Valuation Office Agency (VOA). A request for a review should be made to the Council followed by an appeal to the VOA can be made following the Council’s decision or if the Council fails to provide its decision within a specified time.
7. The Council’s CIL notice gave details of how to request a review of liability for CIL. The Council also e-mailed Mr X on 20 April 2021 in response ot his complaints and provided details of the review process.
8. Mr X has not pursued a review with the Council or an appeal with the VOA regarding liability for CIL. The VOA is the body set out in law responsible for considering these matters and I cannot see any reason why Mr X and his family could not have pursued this appeal if they were unhappy with the Council’s decision that they were liable for CIL. Therefore we will not investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because he had a right of appeal against the Council’s decision with the Valuation Office Agency which is the body set out in law to deal with these matters.

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Investigator's decision on behalf of the Ombudsman