Summary: We will not investigate this complaint about the Council’s assessment of the complainant’s council tax band and about the conduct of an officer. This is because there are appeal rights the complainant can use, there is insufficient evidence of fault by the Council, and we cannot get involved in personnel issues. In addition, we cannot investigate the Valuation Office Agency.

The complaint

1. The complainant, Mrs X, complains the actions of a council tax officer have been intrusive and led to an inaccurate increase in her council tax. Mrs X wants the Council to correct the council tax band and take disciplinary action against the officer.

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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. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability. This includes appeals about council tax banding.
5. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)
6. 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)
7.  

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How I considered this complaint

8. I considered information provided by Mrs X. This includes email exchanges and the complaint correspondence. I also considered our Assessment Code.

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My assessment

9. Mrs X complains of intrusive behaviour by a council tax inspector in relation to a dwelling Mrs X is living in. She says the officer visited more than was necessary, took photographs and frequently asked for updates. Mrs X says the officer pressurised the Valuation Office Agency (VOA) into increasing the council tax band for the property. Mrs X disagrees with the increase in the band and is challenging the decision with the VOA.
10. The VOA decides what band a property should be in. The VOA is not part of the Council. Councils must pass information to the VOA about new properties or changes that might affect a council tax band; but only the VOA can make the banding decision.
11. Mrs X complained to the Council about the conduct of the officer and the increase in the band. She said she was challenging the decision with the VOA but was concerned about the time this will take.
12. The Council explained the officer is required to collect information and pass it the VOA if it appears a banding decision may be needed. The Council said the officer had been diligent but there was no evidence of malice or vindictiveness as Mrs X had alleged. It confirmed the Council sent information to the VOA but it was the VOA that decided to increase the band. The Council transferred Mrs X’s case to a different council tax officer.
13. Mrs X is dissatisfied with the response. She continues to complain about the officer and says they breached the employee code of conduct. She wants the Council to take disciplinary action against the officer and ask the VOA to reduce the band.
14. Mrs X disagrees with the banding decision but, as that decision was made by the VOA, we have no power to intervene. Mrs X can challenge the decision by using her appeal rights.
15. Councils are required to gather information about properties and send it to the VOA if it appears a new banding decision is needed. I appreciate Mrs X thinks the officer’s actions were intrusive but, as the VOA increased the banding, there is nothing to suggest fault by the Council such that we need to start an investigation.
16. Mrs X says the officer breached the employee code of conduct and she wants the Council to take disciplinary action. We have no power to investigate personnel matters and cannot ask the Council to take disciplinary action.

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Final decision

17. We will not investigate this complaint because we cannot investigate the VOA and there is insufficient evidence of fault by the Council. In addition, Mrs X can use her appeal rights and we cannot intervene in personnel issues.

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Investigator's decision on behalf of the Ombudsman