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 Mr X, complains the Council wrongly increased the council tax band of his property. He says he cannot afford to pay the extra council tax.
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 Mr X. This includes a letter from the VOA about his band. 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.
In August the VOA increased the property band on Mr X’s home from 2020. The VOA told Mr X he had six months to challenge the decision.
Mr X disagrees with the decision to increase the band and says the decision is wrong.
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 has no power to reduce Mr X’s band.
The VOA increased Mr X’s property band. I cannot investigate any decision made by the VOA because it is not part of the Council. If he has not already done so, Mr X can submit an appeal to the VOA.
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