Summary: We will not investigate this complaint about the Council’s defence of a planning appeal hearing. We cannot investigate matters which have been decided by Planning Inspectors acting on behalf of the Secretary of State. We cannot investigate a complaint about the Council’s refusal of discretionary council tax reduction. This has been subject to an appeal decision made by the Valuation Tribunal.

The complaint

1. Mr X complained about the Council’s conduct at a planning appeal hearing. He says the Council failed to properly support its case which resulted in the appeal being decided in the developer’s favour and costs awarded against the Council. He also complained about the Council’s refusal of his application for discretionary council tax reduction in 2022.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

5. I considered the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council failed to prepare a proper defence for a planning appeal hearing for a development near his home which was refused. He says the developer provided expert witnesses whilst the council failed to produce any accredited expert witness to challenge their submissions. It also failed to call witnesses from the local water authority to explain concerns about drainage and sewerage connections. As a result, he says the appeal was lost and the Council incurred costs which would have to be met by local taxpayers.
8. The appeal hearing was held by a Planning Inspector acting for the Secretary of State. We cannot investigate matters which have been subject to a decision by a government minister or an independent tribunal. It was for the Inspector to make a decision based on the facts and whether any evidence provided by additional witnesses would have affected the decision is not something which we could speculate on.
9. Mr X applied to the Council for a discretionary reduction in his council tax in 2022. In June the Council told him his application had ben rejected. He asked for a review in July and this was also declined. He appealed to the Valuation Tribunal which is the body which deals with disputes about council tax discounts and exemptions. Mr X says the Council failed to provide all the documents which he requested for the hearing and that the Council did not make a clear case at the hearing because the document bundle was disorganised.
10. The Tribunal was made aware of Mr X’s concerns but he says it decided to continue with the hearing. Mr X disputed some of the Council’s statements but the appeal was unsuccessful.
11. We cannot investigate complaints about matters which have been subject to an appeal to an independent tribunal. The Valuation Tribunal was aware of the facts of the case at the hearing and its decision is binding on the appellant and the Council.

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Final decision

12. We will not investigate this complaint about the Council’s defence of a planning appeal hearing. We cannot investigate matters which have been decided by Planning Inspectors acting on behalf of the Secretary of State. We cannot investigate a complaint about the Council’s refusal of discretionary council tax reduction. This has been subject to an appeal decision made by the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman