The Ombudsman's final decision
Summary: We will not investigate this complaint about the complainant’s council tax band. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Ms X, complains the Council wrongly increased the council tax band of her property and will not reduce it. She wants the Council to reduce the band.
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 Ms X. This includes a letter from the VOA. I also considered our 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 cannot increase or decrease a council tax band. The Council must charge council tax based on the banding decision made by the VOA. The Council cannot change a VOA decision.
The VOA increased the band of Ms X’s home. Ms X challenged the increase but the VOA did not reduce the band. Ms X says this is wrong because other similar properties in the area are in a lower band.
Ms X wants the Council to reduce the band.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council cannot set council tax bands. It can neither increase nor decrease a band. The Council must charge council tax based on the banding decision made by the VOA. The Council was not involved in the decision to increase Ms X’s band and has no power to reduce it.
The VOA increased Ms X’s property band and decided not to reduce it following her request. I cannot investigate any decision made by the VOA because it is not part of the Council. Ms X’s might be able to appeal to the Valuation Tribunal but she should check if the VOA has given appeal rights.
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