Summary: We will not investigate this complaint that the Council did not notify the Valuation Office Agency of the change in Mr X’s property from commercial to domestic. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains that the Council did not notify the Valuation Office Agency (VOA) of the change of his property from commercial to domestic. He says this means the Council has not made the property eligible for council tax instead of business rates to reflect domestic use.

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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. 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)

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How I considered this complaint

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

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My assessment

6. Mr X completed work on his property in September 2024 which changed it from a commercial property to a domestic property. He contacted the Council to advise it of these changes, so the property would incur council tax instead of business rates.
7. Mr X is complaining the Council delayed in notifying the VOA of these changes. However, I do not see fault with the Council on this point. The Council contacted the VOA on 5 November 2024 to advise of the changes. I do not see evidence of significant delay. Also, Mr X could have contacted the VOA himself.
8. Mr X wants the Council to revalue the property. However, Valuation Office Agency (VOA), not the Council, compiles and makes changes to the council tax valuation list and the business rating list. This includes decisions about moving properties between the council tax and business rates lists. The VOA is a central government body, independent of the Council. We have no power to investigate the VOA. The Council must bill for council tax and business rates in accordance with what the valuation list says. 
9. The matter is now with the VOA and the Council cannot do anything more unless and until the VOA makes any changes.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the council to justify investigating. The matter is now with the VOA, which is a body we cannot investigate.

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Investigator's decision on behalf of the Ombudsman