The Ombudsman's final decision
Summary: We will not investigate this complaint about a delay in Business rates liability because it relates to a body out of jurisdiction and there is no evidence of fault by the Council.
The complaint
Ms X complains that the Valuation Office Agency has unreasonably delayed determining a request to separate business rates liability.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she applied to the Valuation Office Agency in March 2024 to separate her Business rates property into two separate sublets. There was delay due to an initial error by the complainant and the Council agreed and passed on her request to the Valuation Office Agency in October 2024.
No decision has been made by the Valuation Office Agency yet and so the Council issued a summons for non payment of Business rates in March 2025 as no payment had been received.
Any dispute about non payment of Business rates is a matter for the court. The Council’s decision to pursue arrears until any decision has been made by the Valuation Office Agency is not fault.
The alleged delay is against the Valuation Office Agency which is a body out of jurisdiction. There is no evidence of fault by the Council in passing the request to the Valuation Office Agency.
Final decision
We will not investigate Ms X’s complaint because it is against a body out of jurisdiction and there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman