Summary: We will not investigate Ms X’s complaint the Council has billed her for too much council tax because her home is in the wrong property band. There is no fault by the Council because it bills according to the banding decisions of the Valuation Office Agency. Those decisions can be appealed to the Valuation Tribunal.

The complaint

1. Ms X complains she asked the Council to review the council tax banding applied to her home. She says for years the property has been banded too high and she has overpaid council tax. Ms X says she had a reply from the Valuation Office Agency saying it had reviewed the banding in 1994 and it could not be changed.

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The Ombudsman’s role and powers

2. 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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I have considered Ms X’s information and comments.

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My assessment

4. I will not investigate this complaint for the following reasons:
5. There is no fault by the Council. It does not decide council tax banding. Council tax bills are based on the banding decisions of the Valuation Office Agency (VOA).
6. We cannot investigate the Valuation Office Agency which is not a body within our jurisdiction. Decisions of the VOA are appealed to the Valuation Tribunal. Ms X may seek advice from the Tribunal. Complaints about the VOA are made to the Parliamentary Ombudsman.

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Final decision

7. The Ombudsman will not investigate Ms X’s complaint the Council has billed her for too much council tax because her home is in the wrong property band. There is no fault by the Council which bills according to the banding decisions of the Valuation Office Agency. Those decisions are appealable to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman