Dorset Council (19 015 933)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 01 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint about the way the Valuation Office Agency has dealt with his request to merge two premises to allow him to claim Small Business Rates Relief. This is because the VOA is a central government agency and is not within the Ombudsman’s jurisdiction.
The complaint
- The complainant, whom I shall call Mr X, complains about how the Valuation Office Agency (VOA) has dealt with his application to merge two industrial units which would change their rateable value. This would allow Mr X to claim Small Business Rates Relief (SBRR).
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)
- The Ombudsman has no powers to investigate the actions of the VOA.
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- Mr X is unhappy with the way the VOA has dealt with his application to merge two industrial units. This would change their rateable value and allow Mr X to apply for SBBR.
- The VOA is not a body within the Ombudsman’s jurisdiction, and it has its own complaints process. Mr X will need to use this to pursue his concerns. The Ombudsman has no powers to consider Mr X’s complaint about the VOA and any associated costs or losses.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint. This is because the Valuation Office Agency is not within the Ombudsman’s jurisdiction.
Investigator's decision on behalf of the Ombudsman