Summary: We cannot investigate this complaint about a student’s entitlement to council tax reduction because the complainant has appealed to the Valuation Tribunal.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council wrongly refused her claim for council tax reduction (CTR) because it should not have treated her student stipend as income. She says she should have been exempt from council tax and the Council has treated her badly. Ms X wants CTR and compensation.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction. The law says people should pay their council tax as billed while waiting for the tribunal to hear an appeal.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

6. A couple who live together as partners are jointly liable for the council tax. If one person is a student they are exempt from council tax which means the other person will receive a 25% discount to reflect they are the only person who is liable to pay council tax. This means the couple would be liable for 75% of the council tax.
7. Ms X was a student from August 2020 to February 2021. The Council awarded the student discount. Ms X’s partner moved in during August 2020 and soon became unemployed. Ms X claimed CTR. The Council treated her student stipend as income and refused the claim. Ms X said the Council was wrong to treat the stipend as income. She also said that, as she is exempt as a student, she should not have to pay her partner’s council tax.
8. In response the Council confirmed the stipend should be treated as income. It signposted her to the Valuation Tribunal. Ms X has appealed to the tribunal and is waiting for a hearing date.
9. I cannot investigate this complaint because Ms X has appealed to the Valuation Tribunal. The law says we cannot investigate any issue that is the subject of an appeal to the tribunal. The tribunal will decide if the Council was correct to treat the stipend as income and refuse to award CTR. I cannot intervene in that process.
10. Ms X also complains she was treated badly by the Council. I have read the email exchanges and I have not seen anything to suggest an investigation is needed. In part, Ms X’s complaint flows from the differing views about how the stipend should be treated and this, as I have said, is a matter for the tribunal.

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Final decision

11. I cannot investigate this complaint because Ms X has appealed to the Valuation Tribunal.

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Investigator's decision on behalf of the Ombudsman