FAQ 02

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• Can I observe another tribunal hearing before my case is heard?

  Yes, you can come to any of our hearings. Full details of our hearings can be found on this website or you may contact your nearest tribunal office to ask about hearings that are coming up. Please note that if all of the appeals due to be heard at a particular hearing are settled prior to that day, then the hearing will be cancelled. You are therefore advised to contact us the day before the hearing, to check that it is still going to take place.

  We also have some video clips on the website that show what a valuation tribunal hearing is like. To see the clips, please follow this link.

FAQ 18

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• Where do you hold tribunal hearings?

  
  Our hearings are held in various types of buildings, such as hearing rooms in our own offices, other tribunals’ hearing rooms, halls, hotels and civic buildings. We try to ensure that the venues have good public transport links, parking and facilities, including disabled access. If you have any extra needs (relating to communication or mobility for example) please contact us in good time before the hearing  If you are coming to a hearing and need a map and/or directions to the venue you can find these on the website.

FAQ 70

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• Is there a dress code for when I attend my hearing?

  No, not unless you are a professional representative. It is important that you feel as comfortable as possible it what may be a strange environment/situation for you. However, the other people at the hearing  - from the Valuation Tribunal, the council, VOA or any professional representatives - will be expected to dress in an appropriate manner.

FAQ 23

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• How long will it take to hear my case?

  This differs according to the type of appeal, but the average is between 45 minutes and one hour. However, it depends on how much evidence both sides have to present. Where we can, we will offer you an approximate start time for the hearing of your appeal so that you do not have to wait around. This can only be approximate as it depends on how long the previous cases have taken to be heard.

FAQ 24

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• What happens at the tribunal hearing?

  We will guide all parties through the hearing process and try to put everyone at ease. During the hearing we will ask you and the other party to give your cases. You will both be allowed to ask questions on any evidence that the other party has put forward and the panel members may ask questions if they are unclear about anything.

  It is always helpful if you can come to the hearing so that you can answer any questions that we have. However, if you ask us to, we can also deal with your case without you being there.

  Please note that if your appeal is against an invalidity notice, the panel will only consider whether or not your appeal has been validly made; it will not consider any of the reasons for your appeal. Should the panel decide that your appeal has been validly made, a new hearing date will be arranged, where the details and reasons for your appeal will be heard and considered.

  We have some video clips on the website, which show what a valuation tribunal hearing is like. You can watch the clips online by clicking here.

FAQ 75

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• What is the order of proceedings at a hearing?

  The clerk will speak to you before the hearing to answer any questions that you may have.

  When the hearing begins, the Chairman or senior member will make an opening statement and the clerk will introduce your case.

  The panel will decide who should put their case first, but if you have a preference you should let the clerk know before the hearing starts. Each party wil then present their case which, generally, they should be able to do without interruption. Following each presentation, the other party, the panel and the clerk may ask questions. Each party will also be given the chance to sum up their case; the appellant has the opportunity to sum up last. At this point no new evidence should be introduced.

  The clerk will be asked if they have any observations to make and, if they do, all parties will be allowed to comment on those remarks. The panel will then retire to consider whether they have enough information on which to make a decision. If not, the parties may be asked more questions or the panel can issue directions, summons witnesses or make arrangements to inspect the property and/or its locality. If the panel has the information it needs, everyone will be told that they may leave the hearing.

  Any decision reached by the panel will not normally be announced on the day of the hearing; the decision will be reserved and sent in writing to everyone, with full reasons, normally within one month of the hearing.

  For further information please follow this link to the Practice Statement: Model Procedure.

FAQ 25

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• Can I bring someone to the hearing or ask anyone to speak for me?

  Yes. You can come to the hearing or you can choose a representative, for example, a friend or a professional adviser to speak for you. If you appoint a professional adviser or a representative to make your case you must write to us confirming they can speak for you. You should do this before the day or they can bring a letter with them to the hearing. Please remember that you will have to pay the cost of using this adviser. Follow this link to the Practice Statement on Professional representatives. You can also bring someone along as a witness or just to provide moral support.

FAQ 61

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• Can I summon a witness to my hearing?

  In exceptional circumstances you may apply for a witness to be summoned. Preferably, you should apply in writing to the office that is dealing with your appeal, before the hearing date. You should say why the evidence of the witness is crucial to your case and why they would be unlikely to attend the hearing without being summoned. You must also agree to pay the expenses of the witness. We will consider the application and let you know our decision.

  You can also ask to have a witness summoned when you are at the hearing. The panel will consider your request and decide whether or not to grant it. Please note that if the Tribunal does agree to summon a witness, that person should normally be given at leaast 14 days' notice. For further information, please follow this link to the Practice Statement: Summoning of Witnesses. 

FAQ 62

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• I have been summoned as a witness. What do I do?

  You should comply with the summons. However, you can apply for it to be varied or set aside. If you don't comply with the summons, it might harm the case of the person who has requested your attendance and make it more difficult for the Tribunal to deal with the case. Please contact the office that sent you the summons for further information on this, or follow this link to our Practice Statement: Summoning of Witnesses.

FAQ 26

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• Who will be at the hearing?

  At the hearing the following people will normally be present:

  • The members of the Valuation Tribunal, the ‘panel’ - Usually, three members will hear your appeal. One of the members, the senior presiding member, will chair the meeting.
  • The clerk - The clerk will act as an adviser on points of procedure and law.
  • A representative from the organisation whose decision you are appealing against (the valuation officer, the listing officer or the billing authority/council) - You may have already met or spoken to this person during the earlier stages of your appeal.
  • You and/or your representative
  • Members of the public - The hearing is open to members of the public. However, usually the only other people who come to a hearing are those who are also waiting for their case to be heard. We can hear your appeal in private if you ask us to, but you must have a good reason for this. Click here to see the Practice Statement on Hearings in private and extraordinary venues.

FAQ 69

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• What is the role of the clerk?

  The clerk organises and co-ordinates the business of each hearing. This involves communicating with the various parties and, before the day, allocating indicative hearing times.

  During the hearing, the clerk will take notes of the evidence presented and may ask questions. The clerk will be invited to join the panel at some point during its deliberations as they are responsible for drafting the written decisions and reasons. But the clerk takes no part in the decision making.

  For further information, please follow this link to the Practice Statement: Duties and Responsibilities of the clerk tribunal officer. 

FAQ 60

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• Can I request a private hearing?

  Yes, but only in exceptional circumstances. You can apply to have the hearing held in private if, for example, you consider that a public hearing would either defeat the object of the hearing, expose confidential information, or cause distress or damage to a vulnerable person. Your request must be made in writing and sent to the office that is dealing with your appeal, stating the grounds for your request.  Any supporting documentation for your request should also be provided. The other parties to your appeal will be invited to comment on the request. As we publish Tribunal decisions on our website, you should also say if you want the decision in your case to have identifying information removed first. We will then consider your request and let you know our decision. For further information, please follow this link to Practice Statements to see those on Hearings in Private and Extraordinary Venues and on Publication of Decisions. 

FAQ 27

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• Can I contact you to ask for advice?

  
  Yes. We will reply to any reasonable requests for help or advice. You are welcome to visit any of our offices or to contact us by phone, fax or e-mail. Details of how you can contact us are shown on our notices, or you can click here. As the Valuation Tribunal has to remain independent we can only advise you about general matters and we cannot tell you what evidence you have to present or whether you have a good case for appeal. You may get advice from:

  • Citizens’ Advice Bureau (www.adviceguide.org.uk);
  • A solicitor, for example through the Community Legal Service (www.legalservices.gov.uk);
  • A commercial rating surveyor, for example a member of the Royal Institution of Chartered Surveyors (www.rics.org) or the Rating Surveyors’ Association (www.ratingsurveyorsassociation.org). The Royal Institution of Chartered Surveyors (phone: 020 7222 7000) will provide you with the name of your nearest recognised rating surveying firm, who will give you up to 30 minutes of free advice.

FAQ 28

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• What if I want to attend a tribunal hearing and have extra needs?

  We try to only select venues that comply with the requirements of the Disability Discrimination Act, but if you have any extra needs,  please tell us as soon as possible and we will do our best to help. This help could include, for example, assistance for your mobility, sight, hearing and communication (such as a signer). We will meet the costs of providing this help and also for providing a suitable place or any equipment that is necessary to hear your appeal.   

  If you are coming to a hearing to present your case and you have problems understanding English, we may be able to provide an interpreter.  Please tell us as soon as possible if you need an interpreter and which language you speak.  We will pay the costs of providing an interpreter at the hearing.

  Our guidance leaflets are available in audio format. Click here to download them.

FAQ 63

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• I have received a notice of direction. What should I do?

  It is important that you read the direction carefully and if you are unclear about anything please contact the office that is dealing with the appeal.  Failure to comply with a direction could result in the appeal being struck out, or your being barred from the proceedings.

FAQ 64

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• Can I challenge a notice of direction?

  Yes, you can apply in writing for another direction which amends, suspends or sets aside the first direction. There is a form on our website that you can use to do this.

FAQ 65

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• Can I ask for a direction to be served on someone else?

  Yes. You can either ask at the hearing or you can apply in writing before the hearing, to the office dealing with your case. There is a form on the website that you can use.

  You must explain the direction you are seeking, the reasons why you are making the application and the person(s) you think this should be served on.

FAQ 66

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• My appeal has been struck out. What can I do?

  You can apply for your case to be opened again (reinstated) but you should do this within one month of the date we sent you the strike out notice. You need to provide your reasons for not complying with the direction we sent you and why your appeal should be reinstated. For further information, please follow this link to the Practice Statement: Applications for reinstatement following striking out and withdrawal and lifting of a bar.

FAQ 67

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• Can I change my mind if I withdraw my appeal?

  Yes. You have one month to apply for your case to be opened again (reinstated), starting from the date you withdrew your appeal. You will need to provide reasons why your appeal should be reinstated. For further information, please follow this link to the Practice Statement: Applications for reinstatement following striking out and withdrawal and lifting of a bar. 

FAQ 68

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• I have been barred from further proceedings. What can I do?

  You can apply to have the bar lifted but you should do this within one month of the date we sent you the notification of the bar. you will need to provide reasons for not complying with the direction we sent you and explain why the bar should be lifted. For further information, please follow this link to the Practice Statement: Applications for reinstatement following striking out and withdrawal and lifting of a bar. 

FAQ 58

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• How is a Valuation Tribunal decision made?

  The panel will make its decision based on the evidence and argument presented to it, bearing in mind what the law (legislation and case law) allows. The members of the panel may ask the parties questions to find the information they need. The panel will retire at the end of the hearing to deliberate and will call the clerk in to provide legal advice and to help draft the reasons for the decision. However, the clerk takes no part in the making of the decision.

FAQ 59

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• When will I get the Valuation Tribunal’s decision?

  The panel will usually reserve its decision and you should be notified of it, with written reasons, within one month of the hearing. In 2009-10, 94.5% of decisions were issued within this time scale.

FAQ 79

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• Can I ask for the panel's decision to be reviewed?

  Yes, providing that one of the following applies:

  • a document relating to the proceedings was not sent to, or was not received at the appropriate time by a party (or their representative);
  • a document relating to the proceedings was not sent to,the VTE at the appropriate time;
  • a party or their representative was not present at a hearing relating to the proceedings and can show reasonable cause for their absence;
  • there has been been some procedural irregularity in the proceedings;
  • the decision is affected by a decision of, or an appeal from, the Upper Tribunal or the High Court.

  For appeals against completion notices only, there is an additional ground that new, unforeseen evidence has become available since the conclusion of the proceedings.

  To apply, you must write to the office that dealt with your appeal within 28 days' from when the decision was sent to you. You must say which of the grounds listed above applies and explain why it would be in the interests of justice for the decision or part of it to be set aside.

  The President decides whether or not to grant your application and his decision is final. For further information, please follow this link to the Practice Statement: Reviewing and setting aside decisions.

FAQ 51

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• Can I appeal against the Valuation Tribunal’s decision on council tax?

  If you are unhappy with the decision the panel has reached, you can appeal to the High Court. However, please note that you cannot appeal against a penalty notice decision.

  You can only appeal to the High Court if you do not believe that the Valuation Tribunal correctly interpreted the law. You must make an appeal within four weeks of the date of the Tribunal’s decision. You may wish to take legal advice first, as the Administrative Court will charge a fee for making an appeal and costs can be awarded against the losing side.

  You can get copies of the appeal form from:

  The Administrative Court
  Royal Courts of Justice
  Strand
  WC2A 2LL
  Phone: 020 7947 6205
  www.hmcourts-service.gov.uk

  If you think that the Valuation Tribunal acted outside its powers in making the decision, or that it did not act correctly at the hearing, you can apply to the High Court for a judicial review. You may wish to take legal advice first, as fees will be charged for making an appeal and costs can be awarded against the losing side.

FAQ 52

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• Can I appeal against the Valuation Tribunal’s decision on business rates?

  If you are unhappy with the decision the panel has reached, you can make an appeal to the Upper Tribunal (Lands Chamber). However, please note that you cannot appeal against a penalty notice decision.

  You must have appeared at, or been represented at the hearing. You must make an appeal within four weeks of the date of the Valuation Tribunal’s decision. You may wish to take legal advice first, as the Upper Tribunal (Lands Chamber) will charge a fee for making an appeal and costs can be awarded against the losing side.

  You can get copies of the appeal form from:

  The Registrar
  The Upper Tribunal (Lands Chamber)
  43-45 Bedford Square
  London
  WC1B 3AS
  Phone: 020 7612 9710
  www.justice.gov.uk

  If you think that the Valuation Tribunal acted outside its powers in making the decision, or that it did not act correctly at the hearing, you can apply to the High Court for a judicial review. You may wish to take legal advice first, as fees will be charged for making an appeal and costs can be awarded against the losing side.

  You can contact the High Court at:

  The Administrative Court
  Royal Courts of Justice
  Strand
  London
  WC2A 2LL
  Phone: 020 7947 6655
  www.justice.gov.uk

FAQ 54

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• Can I appeal against the Valuation Tribunal’s decision on a penalty notice?

  There is no appeal against a decision on penalty notices. 

  If you think that the Valuation Tribunal acted outside its powers in making the decision, or that it did not act correctly at the hearing, you can apply to the High Court for a judicial review. You may wish to take legal advice first, as fees will be charged for making an appeal and costs can be awarded against the losing side.

  You can contact the High Court at:

  The Administrative Court
  Royal Courts of Justice
  Strand
  London WC2A 2LL
  Phone: 020 7947 6655
  www.justice.gov.uk