Council refusing to accept student disregard for council tax

As a mature student, I have not had to pay council tax since 2017 and was up to date with my paperwork from the University so I was surprised to get an invoice just before Christmas saying I owed them money. When i called to query they told me it was because my son had turned 18 and we needed a disregard for him but they definitely had mine. We got a letter from his college and dropped it off af the office but a few days later we were sent a summons with the usual extra £80 added on. The woman dealing with this second call was one of those really stuck up cows that always seem to be on the other end when you're not having the best day.

She informed me that the invoice was for the previous year and we had failed to provide it and also they didnt have my disregard either. My son had changed college in the meantime and being just after the start of the new term I said I thought there might be a problem getting it that week, having had problems with the college while he was still attending. She then basically accused me of lying which set off a heated exchange of words during which I informed her I was aware that the Council print off the summonses in their office. Of course she denied this.

The letter eventually arrived and together with another copy of my own disregard were handed in to their reception on 30th of January. In return they sent me a letter saying they were refusing his disregard as he had not been attending a prescribed educational provider. Neither Nottinghamshire nor Lincolnshire's education department could explain what this is never having heard if it previously. The government website is vague, doesnt mention prescribed at all. He obtained recognised certificates and the college has confirmed that they are registered with Ofsted and take pupils only in referral from the local college and the Council.

This morning I received a letter from Rossendales giving me until the 13th to pay a different amount altogether, no doubt they didnt bother with the summons knowing I'm aware its passing off. A friend has just confirmed that the Council recognises the college as her god daughter was sent there by council representatives last year.

Has anyone ever heard of this? Any advice would be welcome. I will be writing a formal letter of complaint which I will hand deliver stating that this is in dispute, not default and I will not be contracting with third parties at any stage. I will take this up with my MP if necessary, not that hes much use.

May be worth getting her to provide the legislation upon which she is acting.
You may find it refers to full time education ,and may not state prescribed.
Make sure its in writing from her. In fact always get everything in writing nothing
else.
Its widely believed that scum like her receive bonuses to claw back peoples
entitlements ,they will bend the truth and even lie to achieve this.

The legislation does in fact refer to "Prescribed Educational Establishments", but the definitions are so broad it's hard to think that any half normal college would be excluded, for example ..
"(f) any other institution in England or Wales established solely or mainly for the purpose of providing courses of further or higher education;
(g) any other institution in Scotland or Northern Ireland established solely or mainly for the purpose of providing courses of further education."

http://www.legislation.gov.uk/uksi/1992/548/schedule/2/made

Good find FF. Put the ball back into her court.(no pun intended)

Thanks everyone, I've written a letter of complaint and am awaiting their response.. I have everything in writing from them, so far, I'm hoping the difference in what they claim I owe through invoices and the amount theyve handed over is enough to make them back off. I have been involved with housing for the last 5 years and we have been invited to lunch with the lead of the Council next week. Might be an interesting conversation and nothing much to do until I get their response, which is due in 3 days, so tomorrow or Monday.

I have received their response, but cant get the copy to post on this page so I have typed it up below. This is from the Senior Revenues & Systems Officer.

I am in receipt of your recent letter dated 9th March. Please accept my apologies for any confusion over the ways in which your Council Tax Account has been administered and for any distress or inconvenience that you have been caused. I can confirm that the liability orders have been recalled from Rossendales and that recovery action has been put on hold until 10th April.

I have reviewed your Council Tax liability, (child) was effectively at school until the end of the school year in July 2018. We have awarded an under 20 disregard to the 31st October 2018, as a result , This is the latest date allowed under the Council Tax legislation and results in a 50% charge.

We have also confirmed that Hill Holt Wood is a prescribed educational establishment and we have awarded a student disregard from the start of child course 1st April 2019. As an all student householdan exemption applies from 1st April 2019. There does not appear to be an appropriate disregard for child for the period 1st November 2108 (sic) to 31st March 2019. The under 20 disregard does not apply and child was not a student.

I have arranged for the disregard and exemption to be awarded and the £80 costs have been cancelled. I have arranged for amended Bill's to be issued. £67.88 is outstanding for 2018/19 and 192.46 is outstanding for 2018/19, giving a total debt of £260.34 and I have arranged for you to be sent a revised Council Tax bill. If you are experiencing difficulties paying this bill, please let me know and I will be happy to make a payment arrangement.

I trust this clarifies the situation but should you have any further queries please contact the Council Tax office. Yours etc.

I have checked the government website for the under 20 disregard and can find nothing that divides students according to age as he suggests. It also does not mention 50% but states ' you will not have to pay any Council Tax if everyone in your home, including you, is a full time student. It also states for purpose of council tax that 18 and 19 year olds full time education are not counted as adults.

My child has been in education, full time for the entire school year of 2018, when he turned 18 right up until today. I am awaiting a letter of confirmation from Hill Holt stating the dates he attended, but will be sending an interim letter pointing out a few errors.

Firstly, there is no mention of the amount of £691.24 which they handed me over to Rossendale for. Secondly they awarded 50% of 2018 which being half f £90.60 by most people calculation is £45.30, they deducted £22.72. They still want £192.46 for 2018, the bill before their over generous offer was £283.06 and now is £260.34 with no mention of the £45 they took from my account without notification or permission.

This is going all the way to the ombudsman. I owe them nothing and that's what they're getting.

Many thanks Flying Fish, I meant to say this last time but was so annoyed I forgot. I have just received another letter which totally ignored my complaint. There is no explanation, stil, of the £691.24, they have reimbursed two payments they had taken without notice or permission which of course have been added back, but to the original amount. The 50% discount has been removed. Despite the fact that they have proof he was in education from his 18th birthday, which I obtained on their advice, as well as his current college, this current letter still refers to under 20's student disregard, has given me until 30th June to provide proof he was in education before his 18th or the account will again be sent for collection.

I'm currently composing another letter of complaint which I will cc to the chief exec. I have all their office email addresses which makes things a lot easier and will bs informing them that their behaviour is verging on harassment. I am considering including they are attempting to obtain money not owed them through threatening behaviour. Theyve had a few really bad articles in the local paper lately so I will be getting in touch if they continue to disregard the law.

Hi solosmurf.

You may find this useful.

record of the parties - its all about forming contract. Listen to spaniard's words carefully.

Thanks, I'm considering my latest response, may try this.