London Borough of Bromley (24 003 866)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 15 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the complainant’s council tax band. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, Mr X, says his property is in the wrong council tax band and the Council will not reduce it.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by Mr X. This includes a letter from the VOA. I also considered our Assessment Code.
My assessment
- 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.
- Mr X says he is paying too much council tax compared to his neighbours but the Council will not reduce his bill. He says his property is in a council tax band which is higher than other properties in his street.
- Mr X asked the VOA to reduce the band. The VOA said the band is correct.
- 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 must charge council tax based on the banding decision made by the VOA. The Council cannot reduce Mr X’s council tax because the council tax bill must be based on the VOA banding decision.
- I cannot investigate any decision made by the VOA because it is not part of the Council.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman