The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax as it is against a body out of jurisdiction and there is a right to pursue the matter to the Information Commissioner.
The complaint
Ms X complains about the Council’s failure to provide information about her Council tax and her Council tax banding.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended) The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she asked the Council for evidence of the state of repair of her flat to assist her with her request to the Valuation Office Agency for a delisting of her property for Council tax purposes.
Any dispute about a request for information can be pursued to the Information Commissioner. I see no reason why this should not be the correct way forward in this matter. Any dispute about listing of a property for Council tax is a matter for the Valuation Office Agency, a body out of jurisdiction.
Ms X’s complaint about housing repairs is a matter for the Housing Ombudsman.
Final decision
We will not investigate Ms X’s complaint because she can take the matter to the Information Commissioner, the Housing Ombudsman and the Valuation Office Agency.
Investigator's decision on behalf of the Ombudsman