Sandwell Metropolitan Borough Council (21 010 586)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a reduction in the complainant’s Council Tax Reduction. This is because the complainant can appeal to the Valuation Tribunal.
The complaint
- The complainant, whom I refer to as Ms X, complains the Council has reduced her Council Tax Reduction (CTR).
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 reduction.
How I considered this complaint
- I considered information provided by Ms X and the Council. This includes the Council’s reconsideration decision and the new CTR decision letter. I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X was getting CTR. In March 2021 she received CTR of £9.41 a week.
- In October the Council reduced Ms X’s CTR because it received information to say that Ms X’s income had increased. The CTR fell to £4.87 a week from April 2021. The Council told Ms X it had reduced her CTR because her Universal Credit had increased. The Council issued new benefit decision letters in November detailing the reduction in her benefit from April. The letters told Ms X she could appeal to the Valuation Tribunal if she disagreed with the decision.
- I will not investigate this complaint because Ms X can appeal to the Valuation Tribunal if she does not think the Council has calculated her CTR correctly. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider disputes about CTR. The tribunal can decide if the Council was correct to reduce Ms X’s CTR from April.
Final decision
- I will not investigate this complaint because Ms X can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman