Summary: We will not investigate this complaint about the Council’s refusal to accept her student status for council tax purposes because she could appeal to a Valuation Tribunal.

The complaint

1. Ms X complains that the Council will not accept her student status for council tax.

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The Ombudsman’s role and powers

2. 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)
3. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X owns a property and says she is a full time student. Despite this she says that the Council has sent her council tax bills which do not take into account her student status.
7. Any dispute about liability for, or exemption from, council tax can be appealed to a Valuation Tribunal.
8. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.

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Final decision

9. We will not investigate Ms X’s complaint because she could appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman