Summary: We will not investigate this complaint about the Council’s decision to issue Mr X with a backdated council tax bill. This is because an investigation is unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained that following a property rebranding he has been issued with a backdated council tax bill, which he believes should be waived or reduced.

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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:

• there is not enough evidence of fault to justify investigating.

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

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council after the valuation office agency (VOA) rebanded a former HMO property and the Council issued him with a backdated bill.
7. Mr X said the Council should waive the bill or apply a discretionary council tax reduction to the outstanding amount because it the Council instructed the VOA to reband the property. He also advised that he had been unable to increase his tenant’s rent due to the rebanding and this has caused him financial loss.
8. The Council did not uphold the complaint and told Mr X that discretionary council tax reduction was meant for people in financial hardship. It advised Mr X to appeal to the Valuation Tribunal if he disputed the date the property was rebanded. Mr X brought the complaint to the Ombudsman as he was unhappy with the Council’s response.
9. The evidence shows the Council has responded to Mr X’s complaint with the correct information; it is not required by its policy or the law to apply a discretionary council tax reduction to the backdated bill. The Council is also not responsible for the actions of the VOA. It is open to Mr X to appeal the date of the rebanding at Valuation Tribunal if he believes this is warranted. An investigation into this matter would be unlikely to result in finding of fault on the Council’s part.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman