The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s council tax band because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, says her home should be in a lower council tax band. She complains the Council will not reduce the band and she says the Council’s communication with her has been appalling.
The Ombudsman’s role and powers
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Valuation Office Agency (VOA). (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
The VOA decides what band a property should be in for council tax. The VOA is not part of the Council. The Council must charge council tax based on the banding decision made by the VOA. The Council cannot change a property’s banding.
Ms X has been corresponding with the VOA about her banding. The VOA confirmed her band is correct and it has decided not to reduce it. Mrs X disagrees with the banding decision and the way the VOA responded.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council did not set Mrs X’s property band and has no power to change it. Mrs X has been corresponding with the VOA not with the Council. It is the VOA, not the Council, who has decided the property should remain in its current band.
I cannot comment on the VOA’s decision, or how it responded, because it is not part of the Council and is not providing a service on behalf of the Council.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman