Summary: We cannot investigate Mr E’s complaint about interest on his council tax refund. The Valuation Office, not the Council, is the body responsible for the decision which affected Mr E, and it is not a body we can investigate.

The complaint

1. Mr E says the incorrect Council Tax banding was applied to his property in the early 1990’s and he should be awarded interest on the refund he has received.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office. (Local Government Act 1974, sections 25 and 34A, as amended)
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

5. I have considered what Mr E said in his complaint and material provided by Mr E in communications between himself, the Council, and the Valuation Office.

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What I found

6. Mr E complained to the Council and the Valuation Office that the incorrect banding had been applied to his property in the early 1990’s, which meant he had been paying a higher rate of Council Tax.
7. The Valuation Office decides on Council Tax banding and the relevant council collect fees based upon that banding.
8. The Valuation Office wrote to Mr E on 18th October 2020 confirming it had changed the band of the property from G to F and backdated this to 1993.
9. Mr E then contacted the Council which confirmed he was due a refund of almost £7,000, which it paid him in early November 2020.
10. Mr E then contacted the Council requesting interest on the refund and was told that it does not provide interest and the Valuation Office used to, but no longer does.
11. The root cause of the complaint is the decisions by the Valuation Office about his council tax banding, not the Council’s actions.

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Final decision

The Ombudsman cannot investigate this complaint because it is about the action of a body the Ombudsman cannot investigate, and the Council is not responsible for the matter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman