London Borough of Havering (20 009 002)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Jan 2021
The Ombudsman's final decision:
Summary: Mr X complains that the Council banded his property incorrectly for council tax. We will not investigate this complaint because the decision was made by a body out of jurisdiction and he will have a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council banded his property incorrectly.
The Ombudsman’s role and powers
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.
What I found
- Mr X says that the Council incorrectly refers to his flat as a house and he has overpaid council tax as a result.
- The Council says that his property had changed use in 2007 and was listed by the Valuation Office Agency as Band D. Prior to that it had been Band B.
- The Valuation Office Agency determines the council tax band of a property, not the Council. The Valuation Office Agency is out of our jurisdiction. Mr X can dispute the banding with the Valuation Office Agency and he will have a right of appeal to a Valuation Tribunal if he remains unhappy.
- Mr X argues that the flat was previously described mistakenly as a house which he believed attracted a higher council tax band. However, this is a matter for the Valuation Office Agency.
Final decision
- I do not intend to investigate this complaint because the decision was made by a body out of jurisdiction.
Investigator's decision on behalf of the Ombudsman