Summary: The Ombudsman will not investigate Mr X’s complaint about the council tax banding at his property. This is because council tax banding is a matter for the Valuation Office Agency, with a right to appeal to a valuation tribunal.

The complaint

1. Mr X complains that the council tax banding on his property is incorrect.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency (VOA). (Local Government Act 1974, sections 25 and 34A, as amended)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I have considered Mr X’s complaint to the Ombudsman and the information he has provided. I gave Mr X the opportunity to comment on my draft decision.

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What I found

7. Mr X complains about the council tax banding of his property and says that he has been overpaying.
8. The council tax band a property falls into is determined by the Valuation Office Agency. The Valuation Office is part of HM Revenue and Customs.
9. A council must bill based on the band supplied.
10. The Valuation Office Agency is the most appropriate body for dealing with Mr X’s complaint.
11. If Mr X wants to challenge the decision of the Valuation Office Agency, he has a right to appeal to the Valuation Tribunal. It is reasonable to expect Mr X to use his right of appeal. The Valuation Tribunal is an expert, impartial body set up to decide such matters.

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Final decision

12. My decision is that the Ombudsman will not investigate this complaint. This is because Mr X has a right of appeal to an independent tribunal. It is reasonable to expect Mr X to use this right of appeal.

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Investigator's decision on behalf of the Ombudsman