Walsall Metropolitan Borough Council (24 015 822)

Category : Benefits and tax > Council tax support

Decision : Closed after initial enquiries

Decision date : 07 Jan 2025

The Ombudsman's final decision:

Summary: We will not investigate this complaint about Council tax reduction because there is a right of appeal to a Valuation Tribunal.

The complaint

  1. Mr X complains that the Council increased the amount of Council tax payable following his move to Universal Credit.

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The Ombudsman’s role and powers

  1. 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)
  2. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says that he received a benefit based upon his health and, following his move to Universal Credit, his payments of Council tax have been increased which he considers unfair.
  2. The Council has provided a detailed explanation of why his Council tax reduction decreased following the move to Universal Credit.
  3. Any dispute about liability, discounts or exemptions from Council tax are a matter for the Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

  1. We will not investigate Mr X’s complaint because there is a right of appeal to a Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman

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