London Borough of Brent (19 015 493)
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss H’s complaint about council tax at her property. Miss H had the right of appeal to an independent tribunal and it is reasonable to expect Miss H to use this right of appeal.
The complaint
- The complainant, whom I shall call Miss H, says the Council has incorrectly charged her for council tax since 2017. Miss H says the Council was slow to apply a council tax exemption based on her student status and failed to consider her daughter’s status as a student. Miss H says that while the matter was being disputed, the Council referred the outstanding debt to bailiffs. Miss H says she has suffered stress, anxiety and financial hardship as a result of the matter going to court.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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 reasonable 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 have considered what Miss H said in her complaint and invited her to comment on a draft before reaching a final decision.
What I found
- Miss H says she provided evidence of her and her daughter’s student status to the Council, but later received a letter telling her she had failed to pay council tax.
- Miss H says despite providing relevant evidence to the Council, and whilst she was disputing the council tax liability, the Council referred the debt to bailiffs.
- Any dispute about liability for council tax is, and was, a matter for the Valuation Tribunal. The Tribunal is an independent expert body and its decisions are binding on Councils.
Investigator's decision on behalf of the Ombudsman