London Borough of Barnet (19 010 092)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 24 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint about the rateable value of his property and the level of business rates he must pay. This is because the matter does not concern an administrative function of the Council.
The complaint
- The complainant, Mr X, complains about the rateable value of his property which had led to a demand for some £20,000 in business rates which he cannot afford to pay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
- I assessed Mr X’s complaint in accordance with the provisions of the Local Government Act 1974 and our Assessment Code.
What I found
- Mr X owns a holiday let and asked the Valuation Office Agency to set a rateable value for the property so he could pay business rates rather than council tax. He is unhappy with the rateable value set by the VOA as it has led to business rates liability of approximately £20,000.
- The Ombudsman cannot investigate this complaint. The Council does not set the rateable value or the level of business rates; it only collects the business rates owed. The VOA sets the rateable value and the level of business rates is determined using this and the rate poundage, which is set by central government. If Mr X is unhappy with the rateable value set by the VOA he may appeal to the Valuation Tribunal. Complaints about this issue fall outside our jurisdiction as they do not concern an administrative function of the Council and the VOA is not a body within our jurisdiction.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the Council is not responsible for setting the rateable value or the level of business rates payable.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman