Birmingham City Council (20 011 065)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Mar 2021
The Ombudsman's final decision:
Summary: Ms X complains that the Council seeks to recover an amount of council tax support. We will not investigate this complaint because it can be appealed to a Valuation Tribunal.
The complaint
- Ms X complains that the Council seeks to recover an amount of council tax support.
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 has commented on the draft decision.
What I found
- Ms X says that her former property was to be demolished. She advised the Council at that time that her daughter had lived with her for two years.
- After being moved, the Council wrote to her seeking to recover £579 council tax support which they argued she was not entitled to whilst her daughter lived with her.
- Ms X may ask the Council to waive recovery of the council tax support. If the Council refuses she will have a right of appeal 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.
Final decision
- I do not intend to investigate this complaint because there will be a right of appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman