The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s property’s council tax band. This is because we cannot investigate the actions of the Valuation Office Agency. The Council is not at fault for using the band provided by the Valuation Office Agency.
The complaint
Mrs X complains her property is in the wrong council tax band and she is having to wait too long for the band to be reviewed and changed. She is unhappy the Council expects her to pay council tax for her property’s current banding in the meantime.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of central government departments, bodies and agencies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended)
How I considered this complaint
I considered information provided by Mrs X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Valuation Office Agency (VOA) decides a property’s council tax band. Mrs X has applied to the VOA to change her property’s council tax band. She is unhappy the VOA has not decided the application yet.
The VOA is not part of the Council and we cannot investigate a complaint about the VOA’s actions. The Council cannot change a property’s council tax band and is not at fault for using the band currently provided by the VOA.
So, we will not investigate this complaint.
Final decision
We cannot investigate the actions of the VOA. The Council is not at fault for using the band provided by the VOA.
Investigator's decision on behalf of the Ombudsman