Summary: We will not investigate this complaint about Council tax liability because it is about a body out of jurisdiction. There is also insufficient evidence of fault by the Council causing significant injustice.

The complaint

1. Mr X complains that the Council has held him liable for Council tax despite his argument that property is a single household instead of separate dwellings.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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

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 there is a dispute with the Valuation Office Agency as to whether his property is one dwelling or two (which affects his Council tax).
8. Any dispute with the Valuation Office Agency (which can then be appealed to a valuation tribunal) is about a body out of jurisdiction and so the Ombudsman cannot investigate this matter.
9. He says that the Council has continued to enforce the Council tax decision despite his appeal.
10. The valuation tribunal advises that any appellant should continue to pay any Council tax in dispute to avoid Council tax enforcement. The Council’s enforcement is not therefore fault.
11. Mr X complains that a Council officer accessed his garden to consider his complaint without his permission. I do not consider that the injustice from this is sufficient to warrant investigation.

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Final decision

12. We will not investigate Mr X’s complaint because it is about a body out of jurisdiction and there is insufficient evidence of fault by the Council or significant alleged injustice.

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Investigator's decision on behalf of the Ombudsman