Bedford Borough Council (21 000 431)
Category : Benefits and tax > Council tax support
Decision : Closed after initial enquiries
Decision date : 25 May 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council was at fault for included the complainants student income when calculating council tax support. This is because it is reasonable to expert her to exercise her right of appeal to the Valuation Tribunal.
The complaint
- The complainant, who I will call Miss C, complains that the Council incorrectly included her student income when calculating her and her partners council tax support. Miss C says she and her partner are now being unfairly pursued for recovery of a council tax debt they do not owe.
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 read Miss C’s complaint and the Council’s response. I also sent a draft version of this decision to Miss C and invited her comments.
What I found
- Miss C lives with her partner, Mr Y, and both are liable for council tax at the property. In October 2018, Mr Y was awarded council tax support.
- In January 2019, the Council reassessed Mr Y’s claim for council tax support and concluded that the households income was too high for eligibility.
- In August, Mr Y made a further claim, but the Council concluded that Miss C and Mr Y’s income was still too high.
- In January 2021, Miss C complained that the Council incorrectly included her student income when reaching these decisions. The Council treated Miss C’s complaint as an appeal.
Assessment
- I will not investigate Miss C’s complaint about her and her partner’s eligibility for council tax support. The Council are currently considering her appeal and expect this process to be completed in the coming weeks.
- If Miss C’s appeal is unsuccessful, she will have the right to appeal to the Valuation Tribunal and I consider it reasonable to expect Miss C to use her right of appeal.
Final decision
- We will not investigate this complaint. This is because she can appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman