Birmingham City Council (23 006 487)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 03 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax support because there is a right of appeal to a Valuation Tribunal.
The complaint
- Mr X complains that the Council has calculated his Council tax support incorrectly.
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 the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council has told him his Council tax support has been paid on the assumption that he receives Pension Credit but he disputes this.
- Any dispute about entitlement to Council tax support 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.
- The complains is therefore out of jurisdiction.
Investigator's decision on behalf of the Ombudsman