Walsall Metropolitan Borough Council (22 018 034)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 23 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax support. It is open to Mr X to appeal to the Valuation Tribunal.
The complaint
- Mr X complained about the Council taking money back from his council tax benefit. He says the Council hasn’t responded to him when he contacted it about this. Mr X says he is £70 out of pocket. He wants answers and an apology.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the Council has taken money from his council tax benefit, which he says must be a mistake. He says he has contacted the Council five times but it has not responded.
- It is open to Mr X to appeal to the Valuation Tribunal after appealing (or attempting to appeal) to the Council. The tribunal is an independent expert body whose decisions are binding on the Council. It would be reasonable to make an appeal to the tribunal in this case and there is not a good reason for us to investigate the complaint instead.
Final decision
- We will not investigate Mr X’s complaint because he has the right to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman