Summary: We will not investigate this complaint that the Council has refused to move the complainant’s property to a lower council tax band. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not move his home into a lower council tax band. Mr X says most of the properties in his street are in a lower band.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 34(1), as amended)

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How I considered this complaint

4. I considered information provided by Mr X. This includes the banding decision made by the VOA. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The VOA decides which 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. Mr X asked the VOA to reduce his council tax band. The VOA considered his request but decided his property is in the correct band. The VOA did not place Mr X’s property in a lower band.
7. Mr X complains the Council has rejected his banding request. He wants the Council to reduce his band.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council cannot set council tax bands. It can neither increase nor decrease a band. The Council was not involved in the decision not to reduce the band and it has no power to reduce it.
9. The VOA confirmed Mr X’s home is in the correct band and decided not to reduce it. I cannot investigate any decision made by the VOA because it is not part of the Council.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman