Summary: We will not investigate this complaint about the complainant’s council tax banding being wrongly increased. This is because we could not add to the investigation carried out by the Council.

The complaint

1. The complainant, who I will call Mrs X, complains that the Council provided inaccurate information to the Valuation Office Agency (VOA) which led to her council tax being wrongly increased.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The VOA decides what band a property should be in for council tax. The VOA is not part of the Council. The Council cannot increase or decrease a council tax band. The Council must charge council tax based on the banding decision made by the VOA. The Council cannot change a VOA decision.
6. Mrs X lives in a property above a shop. The Council received information that Mrs X’s property should be removed from the VOA’s list of banded properties and so it informed the VOA of this. Mrs X subsequently received a council tax bill with the address of the shop and for a higher council tax band.
7. The Council initially believed the issue was a matter that Mrs X needed to raise with the VOA. However, at stage two of the complaints process the Council accepted that it had not had the correct information about the address and that this incorrect information had been provided to the VOA.
8. The Council paused Mrs X’s council tax account and informed the VOA of the correct address information. The Council has said that once the VOA confirm the correct banding for Mrs X’s property, the Council will issue a correct bill. The Council has acknowledged the impact its fault has had on Mrs X so has apologised and offered to make a payment to Mrs X of £300.
9. Having considered the above actions by the Council I am satisfied that the Council has taken appropriate steps to resolve the issue and ensure an accurate council tax bill is issued. It has also offered a payment to Mrs X which is in line with our guidance on remedies. Our remedies are not intended to be punitive and we cannot award compensation in the way a court might. However, we may recommend a symbolic payment to acknowledge distress caused by fault. This is what the Council has recommended. From the information I have considered I am satisfied the Council has offered a suitable remedy for the distress and anxiety caused by the Council’s fault and the time and trouble she has been to pursing this matter. As such, an investigation by this office could not add to the response already provided via the Council’s previous investigation.

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Final decision

10. We will not investigate Mrs X’s complaint because we could not add to the investigation carried out by the Council.

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Investigator's decision on behalf of the Ombudsman