The Ombudsman's final decision
Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Miss Y to appeal to the Valuation Tribunal.
The complaint
Miss Y complains the Council has wrongly charged her for council tax when in fact she should be receiving a discount as she is a student.
Miss Y says the Council’s actions have caused her distress, worry and financial difficulty.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y says she is a student and therefore should be entitled to a discount on her council tax. She says she was told in 2021 that she needed to pay council tax of approximately £2,500 as she was not eligible for the discount while she took maternity leave and reduced her study time. She complained to the Council in October 2021. The Council responded to say she was not eligible for the student discount.
Miss Y has a right to appeal to the Valuation Tribunal, who can decide whether Miss Y is eligible for a student discount on her council tax. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service. Consequently, it is reasonable to expect Miss Y to appeal to the Valuation Tribunal and we will not investigate her complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman