Birmingham City Council (23 019 855)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 26 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax reduction as there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council caused confusion by cancelling his mother’s Council tax reduction and failed to provide a way to communicate with the Council to resolve the issue.
The Ombudsman’s role and powers
- 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)
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council removed his mother’s Council tax reduction without explaining why.
- Any dispute about entitlement to a Council tax reduction can be appealed to a Valuation Tribunal. The tribunal is an independent, expert body whose decisions are binding on the Council. I therefore consider that it would be reasonable to pursue an appeal in this case.
- Mr X says that the Council’s communication only referred to contact via the internet which caused some confusion and annoyance. The Council says that a telephone number is provided for those without internet access.
- I appreciate the frustration caused but I am satisfied that the presence of a telephone helpline means that the Council’s communication with tax payers is not fault. The Ombudsman would not investigate this in the absence of such fault.
Investigator's decision on behalf of the Ombudsman