Birmingham City Council (19 015 326)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 08 Feb 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about her council tax bill. This is because if Miss X disputes the amount owed it is reasonable for her to appeal to the Valuation Tribunal.
The complaint
- The complainant, whom I shall call Miss X, disputes her council tax bill.
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 considered Miss X’s complaint to the Ombudsman and the information she provided. I gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Miss X says the Council has made numerous mistakes with her council tax bill. She disagrees with the amount it says she owes.
- The Ombudsman is not a right of appeal for people who disagree with their council tax bill. When there is a right of appeal to a tribunal, the Ombudsman normally expects them to use that right, unless it is unreasonable for them to do so. The Valuation Tribunal is an independent, expert body, set up by Parliament for people who want to challenge decisions about council tax or council tax support. I see no reason Miss X should not use her appeal rights. The Tribunal can decide Miss X’s liability for council tax and how much she should pay. These are not decisions the Ombudsman can take.
Final decision
- The Ombudsman will not investigate Miss X’s complaint. This is because it is reasonable for Miss X to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman