The Ombudsman's final decision
Summary: We will not investigate this complaint about student exemption for Council tax as there is a right of appeal to a Valuation Tribunal.
The complaint
Ms X complains that the Council lost her student exemption certificates and now has to pay backdated Council tax.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that, following a move, she received a letter from the Council saying that she and her partner owed backdated Council tax and they had no evidence of her student status.
Only a Valuation Tribunal can question or determine Ms X’s right to Council tax exemption based on her student status. If the Council lost the documents then the universities will be able to supply a copy.
I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because there is a right of appeal to a Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman