Walsall Metropolitan Borough Council (25 010 258)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 23 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax. We cannot investigate the issue of the summons. Miss X can appeal to the Valuation Tribunal regarding an exemption.
The complaint
- Miss X complains the Council did not properly inform her about a council tax summons. She said that she should be exempt from council tax due to her disabilities. This was causing her distress and anxiety.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 in June 2025 about her council tax. She said the Council did not give her enough notice when it sent a summons. She also said that she should be exempt from council tax due to her physical and mental disabilities.
- The Council replied that Miss X had contacted it about the summons and so was aware of it. The Council confirmed it had awarded Miss X a disabled band reduction, the carers discount and the maximum council tax reduction. It said that she was not entitled to a severe mental impairment (SMI) exemption. The Council said she had £427 to pay for 2025/26. It said she could apply to its hardship fund.
- We cannot investigate the start of court proceedings (summons).
- It is reasonable to expect Miss X to appeal to the Valuation Tribunal if she disagrees with the Council’s decision on her SMI exemption claim.
Final decision
- We will not investigate Miss X’s complaint because we cannot investigate court proceedings. Miss X can appeal to the Valuation Tribunal regarding the Council’s SMI exemption decision.
Investigator's decision on behalf of the Ombudsman