MSP labels council tax appeal process ‘unjust’

Jul 2 2009 by Alastair McNeill, Hamilton Advertiser

LANARKSHIRE’S Assessor has come under fire over the Council Tax banding appeals process.

Central Scotland MSP Alex Neil believes the system in Lanarkshire to be “unjust” and says it compares badly with those in other parts of Scotland.

His comments follow five appeals he has made to the Assessor on behalf of constituents.

The MSP has also written to the Public Sector Ombudsman to ask him to review the process.

But the Assessor for Lanarkshire, Eddie Duffy, this week said the Lanarkshire system was no different to that adopted by other Assessors in Scotland.

When someone challenges a council tax banding, it is checked and if it’s found to be wrong it is altered, he said.

Mr Neil, however, claimed the Assessor was not fulfilling his statutory duty to ensure the correct valuation of all properties.

He added: “People have had to wait for up to two years to get an appeal hearing.

“When they do, the appeal panel appears to be ignorant of the law and just accepts what the Assessor says without question.

“There is no attempt to give those appealing their council tax banding a fair hearing and no attempt was made to explain the procedures of the appeal panel to council tax payers.

“Despite the appeal only lasting an hour and those appealing being promised an early indication of the decision, they had to wait for six weeks before being told the appeal panel had found in favour of the Assessor.”

However, Mr Duffy insisted that, in the cases represented by Mr Neil, the banding had been checked and “found to be correct”.

He added: “All of the relevant taxpayers have been advised of this in writing.”

He also pointed out, however, that the appeal panel committee had dismissed the five appeals represented by Mr Neil.

Mr Duffy explained: “In their view, the proposals lodged were invalid based on a proper interpretation of the relevant council tax regulations.

“Mr Neil can appeal that decision to the Court of Session if he believes it to be legally incorrect.”