The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about her property’s council tax band. This is because we cannot investigate the actions of the Valuation Office Agency.
The complaint
Mrs B complains her property is in the wrong council tax band and she has been overpaying council tax for many years. Mrs B would like her property to be placed in the correct band in line with neighbouring properties.
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 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