Solihull Metropolitan Borough Council (24 009 649)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 29 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax because an appeal to a Valuation Tribunal has been used.
The complaint
- Ms X complains that the Council gave hr incorrect advice about Council tax.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (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
- Ms X says that the Council advised her some time ago that she had overpaid her Council tax and, as a result, refunded her payments. The Council then changed its decision and she had to pay the Council tax for that period.
- Somebody experiencing financial hardship because of a decision about wrongly paid council tax, can apply for a discretionary reduction. Appeals about those decisions are to the Valuation Tribunal.
- She appealed to a Valuation Tribunal and lost.
- The Ombudsman cannot investigate a complaint where an appeal to a Valuation Tribunal has been exercised. The complaint is therefore out of jurisdiction.
Final decision
- We will not investigate Ms X’s complaint because she appealed to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman