The Ombudsman's final decision
Summary: We will not investigate this complaint about a council tax banding change. This is because it is unlikely that we would find fault. It is reasonable to expect Miss Y to appeal to the Valuation Tribunal, and any remaining injustice is not significant enough to warrant our investigation.
The complaint
Miss Y complained the Council pursued her for council tax backdated to 2019 following a change of council tax banding by the Valuation Office. She also complained about the behaviour of council officers who attended her property without warning, parked on her driveway and looked in downstairs windows.
Miss Y says this caused her upset and worry and she does not think she should be liable for the change in her council tax banding prior to the decision being made.
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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6)) The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Valuation Office changed the banding on Miss Y’s property, setting the date of the change to June 2019. The Council, who is responsible only for the billing of the council tax and not the liability, has since billed, as it has a duty to do, from this date. As it has a duty to bill and collect the council tax at the rate of and from the date the Valuation Office sets, it is unlikely we would find fault in this Council’s actions. Consequently, we will not investigate this complaint.
Miss Y can approach the Valuation Tribunal if she wishes to dispute her council tax liability between 2019 and the decision made by the Valuation Office in 2022.
This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Miss Y to use her right to appeal to the Valuation Tribunal so we will not investigate this complaint.
Miss Y has also complained about two of the Council’s inspection officers attending her property, parking on her drive, and looking through her windows. The Council’s complaint response explained its officers had arrived without warning, but this was due to the officers being in the area at the time but recognised the upset this caused to Miss Y. It said it had discussed this with its officers and apologised.
This has at least partially remedied the upset caused. Any remaining injustice is not significant enough to warrant our investigation. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is unlikely that we would find fault. It is reasonable to expect Miss Y to appeal to the Valuation Tribunal, and any remaining injustice is not significant enough to warrant our investigation.
Investigator's decision on behalf of the Ombudsman