Summary: We will not investigate this complaint about Council tax banding because this is a matter for the Valuation Office Agency, a body out of jurisdiction. A dispute about liability is for the Valuation Tribunal.

The complaint

1. Mr X complains that the accommodation in which he lives has been incorrectly banded by the Valuation Office Agency and says that the separate liabilities for Council tax are incorrect.

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The Ombudsman’s role and powers

2. 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)
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 and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says that his accommodation is a House of Multiple Occupation but this has not been recognised by the Council or Valuation Office Agency.
8. The Valuation Office Agency is a body out of jurisdiction and the Ombudsman cannot investigate this complaint.
9. If Mr X argues that his accommodation is a House of Multiple Occupation and he should not be liable that he has a right of appeal to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

10. We will not investigate Mr X’s complaint because part of the complaint is out of jurisdiction and part can be appealed to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman