Summary: We will not investigate this complaint about the Council’s delays in ensuring the complainant’s (Mr X’s) properties were given council tax bands when he applied. The Council has accepted fault and provided a suitable remedy. Our investigation would be unlikely to achieve any further remedy.

The complaint

1. Mr X complains the Council caused a delay in getting council tax bands for his properties which were newly converted from commercial to domestic. He says this meant he could not let the properties, which caused him a financial loss of the monthly rent he could have received during the delay. Mr X also says his energy provider would not reduce its rate from commercial to domestic until he gave them the council tax band for the properties. Mr X says he was therefore paying more for energy during the delay too. Mr X is seeking financial redress from the Council.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered the information Mr X provided.
5. Mr X and the Council have had an opportunity to comment on my draft decision. I have considered their comments before making this final decision.

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What I found

What happened

6. Mr X applied to the Council for council tax banding for his newly converted properties, in April 2022.
7. As he had not heard anything, Mr X contacted the Council again in May 2022, following which, the Council sent details of the request to the Valuation Office. The Council should have done this in April 2022.
8. In November 2022, Mr X contacted the Valuation Office himself as the Council had not responded when he chased it for updates. The Valuation Office confirmed it had never received any submission about his properties.
9. Following Mr X telling the Council of this, the council re-submitted the application in November 2022; the Valuation Officer confirmed the banding in January 2023.
10. The Valuation Office recognised the delay and backdated Mr X’s council tax liability to May 2022, although technically he became liable in September 2021, when the conversion of the properties was completed. The council tax waiver amounts to £1,785.
11. The Council apologised that it had not done more to ensure that Mr X’s application was received by the Valuation Office and dealt with as it should have been. It confirmed its processes had been changed to include a requirement the Valuation Office provides acknowledgement of receipt of submissions as this will alert the council if such an issue were to arise again.
12. The Council has also recognised the time and trouble Mr X had gone through to resolve the matter and offered Mr X £250 in recognition of this.

Analysis

13. We cannot say that Mr X could not let his properties without the council tax banding, so cannot ask the council to repay any possible loss of rent. In any case we would not be able to say that, if not for the Council’s failings, Mr X’s properties would have been let out for the duration of the delays and how much rent might Mr X have received.
14. As for Mr X’s comments about the energy provider, the Council says evidence of a council tax band is needed to change energy billing to a domestic rate. Mr X says the provider said it was. We will not investigate this as the energy provider is not in our jurisdiction.
15. On this basis, I do not consider that we can add to the remedy already provided. Mr X has had the benefit of a significant council tax waiver in acknowledgement of the delay, as well as an apology and a payment to recognise the time and trouble spent when complaining. The Council has also taken steps to improve its processes to avoid a repeat of this scenario.

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Final decision

16. We have discontinued this investigation as we are unlikely to achieve a worthwhile outcome by investigating further.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman