Walsall Metropolitan Borough Council (21 006 027)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 19 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about overpayments of council tax reduction. This is because the complainant has requested the Council review its decision. If dissatisfied with the review, the complainant will then have the right to appeal to a tribunal.
The complaint
- The complainant, who I will call Ms C, complains that mistakes by the Council have led to her overpaying council tax benefits which the Council now want her to repay.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms C applied to the Council for a reduction in her council tax. Upon assessing her case the Council said that it had identified that it had overpaid her reductions in her council tax for the previous two years. The Council said that Ms C would need to repay these overpayments. Ms C contacted the Council and asked it to carry out a review of this decision.
- I will not investigate this complaint. The Council is currently reviewing this decision and has placed Ms C’s account on hold. Once the review is complete Ms C can formally appeal the Council’s decision to the Valuation Tribunal. It is reasonable to expect Ms C to use her appeal rights, because the Valuation Tribunal is best placed to consider benefit disputes.
Final decision
- We will not investigate Ms C’s complaint because she has the right of appeal to the Valuation Tribunal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman