Birmingham City Council (25 007 247)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Miss X’s council tax. This is because the Council has agreed to remedy the injustice.
The complaint
- Miss X complains the Council
- Has not properly assessed her council tax support because it should not have taken account of the childcare credit element in her Universal Credit.
- Has made her liable for council tax for a period in early 2025 that she was not living at her former address.
- Miss X says this caused her distress and financial hardship.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).
- The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (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 and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about the matters set out in paragraph 1.
- The Council replied explaining its decisions.
- If we were to investigate this complaint it is likely we would find fault causing the complainant injustice because the Council did not provide Miss X with details of her right to appeal to the Valuation Tribunal regarding the Council’s decisions on her liability and on her council tax support.
- At our invitation the Council agreed to write to Miss X and provide her with her appeal rights so that she can appeal.
Agreed Action
- The Council has agreed to provide appeal rights to Miss X within one month of my final decision.
Final decision
- We will not investigate Miss X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman