Summary: We will not investigate this complaint about Council tax liability because there is insufficient evidence of fault by the Council. There is also a right of appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that her property should be considered as a House of Multiple Occupation for Council tax purposes and so she should not be held liable for Council tax.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(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).
4. 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)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says that her landlord has misdescribed her tenancy as a single dwelling. She argues that it should be considered as part of a House of Multiple Occupation. The Council says that a request was made to the Valuation Office Agency to consider reassessing the property into a House of Multiple Occupation for Council tax purposes but so far there has been no response.
9. I appreciate the frustration this has caused but any possible unreasonable delay here is not on the part of the Council but the Valuation Office Agency, a body out of our jurisdiction. Ms X can complain to the Parliamentary Ombudsman (through her MP) about this delay. If the decision is changed then the Council would be able to provide any appropriate refund.
10. Nevertheless, Ms X can appeal to the Valuation Tribunal that her property should be considered as a House of Multiple Occupation for liability purposes. 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

11. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council and there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman