Basildon Borough Council (20 010 502)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 22 Feb 2021
The Ombudsman's final decision:
Summary: Ms X complains that the Council revised her entitlement to council tax support and increased her council tax bill as a result. We will not investigate this complaint because this is a matter for the Valuation Tribunal.
The complaint
- Ms X complains that the Council revised her entitlement to council tax support and increased her council tax bill as a result.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Ms X received council tax support (formerly council tax benefit) from 2010. The Council recently reviewed that entitlement and concluded that there had been an overpayment of council tax benefit and the council tax support awarded was greater than it should have been.
- Any decision to recover an overpayment of council tax benefit or council tax support can be appealed to a Valuation Tribunal. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- Ms X can ask the Council to waive the increased bill if she believes the council was at fault for the original decision about entitlement. If the Council refuses to waive the recovery, she can appeal to a Valuation Tribunal. She may need to seek advice about this from Citizen’s Advice.
Final decision
- I do not intend to investigate this complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman