Birmingham City Council (20 001 949)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 13 Jan 2021
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s decision to increase her council tax bill following a change of circumstances. We will not investigate this complaint because there will be a right of appeal to a Valuation Tribunal.
The complaint
- Ms X complains about the Council’s decision to increase her council tax bill following a change of circumstances.
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 have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- The Council says that an error was made recording Ms X’s child’s date of birth in 2012. This was not noted by the Council until 2020 whereupon they revised her entitlement to council tax support leaving her a further £681 to pay.
- The Council accepts that the initial error was theirs and that Ms X telephoned the Council in 2018 querying the bill. However, they consider that the increased bill is payable and offered an extended period of payment.
- The Council has a discretion to waive “recovery” of the increased bill where the error was made by the Council. Any refusal to exercise their discretion can be appealed to a Valuation Tribunal.
- The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
- Ms X should seek benefit advice from the Citizen’s Advice to do this.
Final decision
- I do not intend to investigate this complaint because there will be a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman