Summary: Mr X complains that the Council will not add interest to a backdated sum of Council tax. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council as this was determined by the Valuation Office Agency (a body out of jurisdiction).

The complaint

1. Mr X complains that the Council will not add interest to a backdated sum of Council tax.

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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:

• it is unlikely we would find fault.

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

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

4. Mr X made a Council tax banding appeal to the Valuation Office Agency for his property to be delisted for Council tax purposes. The Valuation Office Agency agreed and the Council repaid his Council tax from 1993 onwards.
5. Mr X argues that the Council should pay interest on the sum.
6. The Council says that the decision to delist (which allowed for the backdating) was made by the Valuation Office Agency.
7. There is no evidence of fault by the Council in repaying the sum and therefore the Ombudsman would not ask the Council to remedy the matter.
8. The Council says that there is no provision in law for the payment of interest. If Mr X believes the Valuation Office Agency is at fault for listing the property in the first place he can appeal to the Parliamentary Ombudsman via his MP.

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Investigator's decision on behalf of the Ombudsman