Birmingham City Council (21 018 994)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 27 Apr 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to backdate a council tax claim. Ms X is appealing this decision with the Council and then has another right to appeal to the Valuation Tribunal.
The complaint
- Ms X says she contacted the Council to make a claim for housing benefit for a relative, who could not make the claim themselves. Ms X says the Council did not deal with the claim straight away which caused a delay. Ms X says the delay meant the Council did not backdate the claim fully.
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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X, who is acting for a relative, says she contacted the Council in July 2021, to make a claim for housing benefit for her relative. Ms X explained that her relative was not available to make the claim for themselves.
- The Council says it received an application for housing benefit and council tax support in December 2021 and decided to backdate both to September 2021.
- Ms X complained that the Council’s procedures meant the application was delayed which affected the decision to backdate the benefit partially to September rather than July.
- Ms X is appealing this decision with the Council. She then has the right to appeal to the Valuation Tribunal Service if the Council does not decide in her favour. There is not a good reason for us to consider her complaint instead of the Valuation Tribunal Service.
Final decision
- We will not investigate this complaint about the Council’s decision not to backdate a council tax claim. Ms X is appealing this decision with the Council and then has another right to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman