Summary: The Ombudsman will not investigate this complaint that the complainant’s council tax is too high. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says her council tax is too high. She complains that the council tax is higher than for her previous home even though she now lives in a smaller home and receives no services.

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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 an investigation if we believe it is unlikely we would find fault. (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 the Valuation Office. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I read the complaint and the Council’s response. I invited Ms X to comment on a draft of this decision.

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What I found

Council tax bands

5. Council tax is based on what band a home is in. Band A is the cheapest band. The Valuation Office decides what band a property should be in. The Valuation Office is not part of the Council.

What happened

6. Ms X used to live in a band B property. She moved and is now in a band C home. Ms X complains that her council tax has increased even though her new home is smaller and she receives few services. For example, she says there are no shops and no public transport.
7. The Council explained that her council tax is higher because she has moved from a band B home to a band C home. It explained that council tax is not based on the services received. It told Ms X that the Valuation Office decides what band a property should be in. It suggested Ms X could ask the Valuation Office for a review of her band.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded appropriately to Ms X’s query by explaining that council tax is based on the band a property is in and the band is set by the Valuation Office. It also told Ms X she can apply to the Valuation Office for a banding review if she thinks her home is in the wrong band.
9. In addition, it is correct that the Council does not set the banding for a home and neither the Council nor the Ombudsman can change the banding. The Council sets the amount of council tax payable for each band but that decision can only be challenged in court.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman