APPENDIX 5: VALUATION TRIBUNAL FOR
ENGLAND (COUNCIL TAX AND RATING APPEALS) (PROCEDURE) (AMENDMENT)
REGULATIONS 2013 (SI 2013/465): ADDITIONAL INFORMATION
Information from Department for Communities and Local
Government
Q1: We have received from the Chief Executive
of the Administrative Justice & Tribunals Council (AJTC) a
copy of the AJTC's letter of 26 February 2013 to DCLG, setting
out a response to the draft Regulations sent to them. The letter
contains the following:
"The AJTC must first set on record how it
has proven particularly difficult to meet the Department's expectations
in respect of the timings of this consultation. The time allotted
to us to consider the Regulations was extremely short, being approximately
three and a half working days in total. Members of the Council
have found it very difficult to give the Regulations proper consideration
within the time provided. We note that we were able to see a previous
draft of the Regulations in an informal capacity, for which we
are grateful, but it is not clear why they could not have been
consulted upon some time ago."
Is this an accurate account of the timeframe which
DCLG allowed for consultation on the draft Regulations? If so,
what justification did DCLG have for so short a timeframe?
A1: We are very conscious of the short time that
we were able to give the AJTC for formal consultation and are
very grateful that they were able to look at the final draft Regulations
rapidly and provide us with helpful comments. We regret that we
were not able to formally consult sooner but there were some policy
issues which took a considerable time to resolve before the content
of the Regulations could be finalised. We also felt that it was
important to have the Regulations in place by 1 April when council
tax reduction schemes (and consequent appeals) first take effect.
Following the submission of the AJTC's evidence to the Communites
and Local Government Select Committee (relating to their examination
of welfare reform by local authorities), we met AJTC officials
on 29th January to discuss their concerns. Following this meeting
we consulted informally with them on 7th February on a draft of
the Regulations - and the AJTC provided us with a comprehensive
informal response on 12 February. We then sent them a letter to
formally consult on 21 February in which they provided a formal
response on 26 February. The AJTC's formal response was in line
with their earlier response (albeit that there were some changes
to the draft Regulations taking account of their earlier comments).
Q2: The letter also contains the following:
"Given the fundamental nature of the distinction
for the question of whether or not the appellant will be able
to obtain access to the tribunal, it is in our view especially
important that prospective appellants should be provided with
as much information and support as can reasonably be given to
assist them in navigating the new arrangements. Local authorities
should therefore provide information in plain, simple English
about the right of appeal to the VTE, including by offering particular
advice about what is and is not appealable in relation to the
workings of Reduction Schemes. Whilst this may ultimately be the
responsibility of individual billing authorities, we believe that
DCLG has its own role to play in recommending good practice and
mitigating the complications of the new regime, the effects of
which on poorer citizens currently in receipt of Council Tax Benefit
are as yet largely unknown."
There is reference to guidance at 9 of the Explanatory
Memorandum. Does this address the concerns of the AJTC?
A2: Yes - the Q & A guidance referred to in paragraph
9 of the EM (which is guidance for billing authorities) is intended
to address the concerns raised by the AJTC.
8 March 2013
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