Summary: We will not investigate this complaint about the amount billed by the Council for council tax, or the complainant’s entitlement to housing benefit. This is because the complainant has a right of appeal to a tribunal over the issues raised which we consider she could reasonably exercise.

The complaint

1. The complainant (Ms X) complains about the amount of council tax she has been billed by the Council. In 2023, the Valuation Office Agency (VOA) reduced Ms X’s council tax banding from Band D to Band C. As a result, the Council calculated a backdated refund over the last 21 years of approximately £2,500 which was payable to Ms X. She says the amount of the refund is incorrect and that she is owed a higher amount. Further, Ms X says the Council has incorrectly determined her entitlement to housing benefit and council tax reduction.
2. In summary, Ms X says the alleged fault has caused her stress, anxiety and uncertainty. As a desired outcome, she wants the Council to acknowledge its failings and check whether she is owed a higher refund.

Back to top

The Ombudsman’s role and powers

3. 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).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The refundable amount has been calculated by the Council with due regard to a number of factors. This includes Ms X’s entitlement to a council tax reduction, empty property exemption and council tax discount. Ms X disputes the amount payable, in particular the Council’s latest assessment of council tax reduction which has resulted in reduction to her entitlement and increased the amount she owes. Disputes about a person’s entitlement to a council tax reduction, discount or exemption are appealable to the Valuation Tribunal. The appealable matters cannot be separated from calculating the amount of any refund owed by Ms X. If she disputes the Council’s calculation, I consider it would be reasonable for Ms X to exercise her appeal right. The restriction I outline at paragraph three applies.
6. In addition, I recognise Ms X also complains about her entitlement to housing benefit which is administered by the Council. In particular, she says she was entitled to full housing benefit in 2018, though only started receiving this in 2021. Further, she disagrees with a Council recent assessment that it has overpaid her in housing benefit. These are appealable matters to the Social Entitlement Chamber of the First Tier Tribunal. I again consider it would be reasonable for the for Ms X to exercise that right of appeal.

Back to top

Final decision

7. We will not investigate this complaint because the complainant has a right of appeal to tribunal which she could reasonably exercise.

Back to top

Investigator's decision on behalf of the Ombudsman