Medway Council (24 013 292)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 30 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax banding as it relates to a body out of jurisdiction and there is a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains that the Valuation Office Agency are taking too long to deal with her banding dispute.
The Ombudsman’s role and powers
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended)
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that the Valuation Office Agency has delayed reviewing her request for a change of Council tax banding.
- The Valuation Office Agency is a body out of our jurisdiction and so the Ombudsman cannot investigate this complaint.
- There is also a right of appeal to the Valuation Tribunal against any decision of the Valuation Office Agency.
Final decision
- We will not investigate Ms X’s complaint because it is against a body out of jurisdiction and there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman