Summary: We will not investigate this complaint about the complainant’s council tax band on a property he owns. This is because there is insufficient evidence of fault by the Council and because the complainant can contact the Valuation Office Agency.

The complaint

1. The complainant, whom I refer to as Mr X, says the Council has placed his flat in the wrong council tax band. He says he should be in band B, not band C. Mr X wants the Council to put him in the correct band and pay £5000 compensation. He would also like a refund for the extra council tax he has paid.

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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, or
• 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 the Valuation Office Agency (VOA). (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 email exchanges between Mr X and the Council. I invited Mr X to comment on a draft of this decision.

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What I found

Council tax bands

5. The VOA decides which council tax band a property should be in. The VOA is not part of the Council. The Council cannot change a council tax band and must charge council tax based on the banding decision made by the VOA.

What happened

6. In 2009 the VOA put three properties into band C – 97, 97b and 97c. It was the VOA that decided to refer to flat 97 without including an (a).
7. In 2019 a woman told the Council she was not living in flat 97. The Council did a land registry check and found out Mr X had bought flat 97 in 2018. The Council made Mr X liable for the council tax from the date of purchase.
8. In 2019 Mr X contacted the Council and said the property should be in band B. The Council did checks to make sure the information it held was correct. It then explained to Mr X that the VOA sets the banding and he should contact the VOA. I do not know if Mr X contacted the VOA but the government website shows no.97 has been in band C since 2009.
9. Mr X says the Council should place the property in band B, issue a refund and pay £5000 in compensation.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council does not, and cannot, set the council tax band for a property. The Council can only charge council tax based on the banding decision made by the VOA.
11. I also will not start an investigation because Mr X can contact the VOA. It is reasonable to expect him to do that because the VOA is the agency that can change the council tax band. I cannot comment on any decision made by the VOA because it is not part of the Council.

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Final decision

12. I will not start an investigation because there is insufficient evidence of fault by the Council and because Mr X can contact the VOA.

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Investigator's decision on behalf of the Ombudsman