Birmingham City Council (22 016 775)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 08 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax liability. This is because it is reasonable to expect Miss Y to appeal to the Valuation Tribunal.
The complaint
- Miss Y complained the Council has pursued her for unpaid council tax despite her providing evidence that she is a full time student. She says this has caused her upset and worry.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone can appeal 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 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 considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
- Miss Y says she has been in contact with the Council about her council tax liability, which she says she is exempt from, since October 2022. She says she has provided a letter from the university which she is a student at to prove she has no liability but the Council has continued to charge her for council tax. She has now been sent a letter for further council tax in January 2023, which must be paid by the end of March. She approached us in March.
Analysis
- Miss Y disputes her liability for council tax as she says she is exempt on the basis she is a full-time student. The Valuation Tribunal deals with appeals against decisions on council tax liability including whether a person should have a reduced liability. This is often free and reasonable adjustments can be made where necessary for access to the tribunal’s service.
- Consequently, it is reasonable to expect Ms Y to use this right to appeal to the Valuation Tribunal if she wishes to dispute the Council’s view that she is liable for council tax. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Miss Y’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman