Birmingham City Council (23 010 214)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 23 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to recoup a Council Tax repayment from Mrs X. This is because she has right of appeal to the valuation office agency.
The complaint
- Mrs X complains the Council has sent her a bill council tax regarding overpayments she received between 2006 and 2008.
- Mrs X says she has been caused stress by the Council’s actions.
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)
- 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 Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X received a council tax bill in September 2023, explaining that the Council intended to recover council tax over payments made to her in 2006.
- Mrs X is unhappy with the Council's actions and wants us to find it at fault.
- I will not investigate this matter as Mrs X has right of appeal to the valuation office agency (VOA) and it would therefore be reasonable for her to refer the matter to the VOA.
Final decision
- We will not investigate Mrs X’s complaint because she has right of appeal to the valuation office agency.
Investigator's decision on behalf of the Ombudsman