Summary: Mrs X complains the Council encouraged her to carry out work to her home which reduced its value. Mrs X is also unhappy because she says the work meant a higher council tax bill. The Ombudsman will not investigate Mrs X’s complaint. This is because the complaint is late, we cannot investigate if someone has appealed to a tribunal, and we have no powers to consider decisions taken by the Valuation Office Agency.

The complaint

1. The complainant, whom I shall call Mrs X, complains about work she says the Council encouraged her to carry out in the 1980s. She says this devalued her property and increased her council tax bill.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The Ombudsman has no powers to investigate the actions of the Valuation Office Agency (VOA).
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

7. Mrs X is unhappy with work she says the Council encouraged her to carry out to her property in the 1980s. This was to help meet the needs of the property’s tenant. Mrs X added an extra kitchen and bathroom to the ground floor. Mrs X says that when the tenant left the property, she realised the work had reduced its value.
8. Mrs X says that in 2010, two sets of council tax were imposed on the property – she says this was due to the work carried out in the 1980s. Mrs X contacted the VOA as the body responsible for deciding if a property is liable for council tax. Mrs X also appealed to the Valuation Tribunal. Mrs X carried out work to the property in 2019. She removed a kitchen and the VOA changed the property’s listing so there was only one council tax bill to pay.
9. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason Mrs X could not have complained much earlier and so the exception at paragraph 3 applies to her complaint. In reaching this decision I have taken into account the following points:
• Even if the Ombudsman were to investigate, it would be difficult to look at events from the 1980s and to reach a safe conclusion about what happened.
• Councils have a duty to collect council tax on properties the VOA decides are liable for council tax.
• The Valuation Tribunal considers appeals about council tax liability and council tax banding.
• Mrs X has appealed to the Valuation Tribunal and we have no powers to consider a complaint when someone has appealed to a tribunal.
• We have no powers to consider complaints about the VOA.
10. For the reasons set out above an investigation by the Ombudsman is not appropriate.

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Final decision

11. The Ombudsman will not investigate Mrs X’s complaint. This is because the complaint is late, we cannot investigate when someone has appealed to a tribunal, and we have no powers to consider complaints about the Valuation Office Agency.

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Investigator's decision on behalf of the Ombudsman