The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about his property’s council tax band. This is because we cannot investigate the actions of the Valuation Office Agency.
The complaint
Mr B complains his property is in a higher council tax band than other properties on his road. Mr B would like the Council to put his property in the same band as other properties, or if his property is in the correct band, to put the other properties in the same band as his property.
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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Valuation Office Agency decides a property’s council tax band. This decision can be challenged by a person putting in an appeal to the Valuation Tribunal.
The Valuation Office Agency is not part of the Council and we cannot investigate a complaint about the Valuation Office Agency’s actions. Also, the Council cannot change a property’s council tax band and is not at fault for using the band provided by the Valuation Office Agency.
So, we will not investigate this complaint.
Final decision
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.
Investigator's decision on behalf of the Ombudsman