From Local Government Finance Act 1992 section 81, which creates the power of council tax appeals in the Act's Scottish section:
(1) A person may appeal to a valuation appeal committee if he is aggrieved by -
(a) any decision of a local authority that a dwelling is a chargeable dwelling, or that he is liable to pay a council tax in respect of such a dwelling.
(b) any calculation made by a local authority of an amount which he is liable to pay to the authority in respect of council tax
....
From www.scotland.gov.uk/library3/localgov/ctha-00.asp "What are the grounds for appeal?"
- If you disagree with the levying authority's decision that your dwelling is chargeable,
- if you disagree with the levying authority's decision that you are liable to pay the council tax in respect of a particular dwelling, or,
- if you disagree with the calculation of your bill
You can check out the full act yourself. It states simply and clearly that if you want to appeal any disagreement
you have with the calculation, any error that
you personally perceive in it, you are absolutely entitled to do that. That power of appeal is written literally in the law. As aspies know, what is literally said is what is said. In the written law and the public info on it there is absolutely nothing, not a word, that says the council ever has any power to say that it refuses to recgonise your appeal's existence or to carry it out as a case, on grounds of
its view of
your appeal's merits.
It has no power whatever to say, we don't think this is a "relevant" subject for an appeal so by our say-so you are not getting an appeal held.
It follows that it has no power or entitlement further to threaten to take you to court unless you acquiesce to this. You would then be under threat of legal penalties precisely for following exactly what the law says!! It would not be possible to rely on any law as literally meant, or to know that following it means less trouble than not following it. A system of law would not be operating, arbitrary terror would be operating instead, if a council was ever upheld in behaving this way. Over council tax appeals or over anything else ever.
The duty that public bodies have to communicate fully and effectively with us, especially with us because we come under disability equality, rules out the council inventing rules of its own that are not there in the rules issued to the public, of a nature as to let it conveniently suppress appeal cases lodged against its own actions - and for it to claim to enforce what it has invented while ignoring the actual position.
More info from within the scene:
Autism, as a recognised disability, implies a number of rights in court settings. Probably the relevant one to follow up here is to have an ‘appropriate adult’ to provide support. The courts will generally take a helpful and sympathetic view of how to help people who are vulnerable or have disabilities, so long as they are primed beforehand to understand the situation. Often what happens with autism is that there is insufficient prior knowledge provided regarding what the problems are, and the person may present superficially as not having any particular disability.
Statutory rights are conferred by the UN Convention on the Rights of Persons with Disabilities, of which the UK Government is a signatory. These include a number of general principles and obligations in relation to equality and non-discrimination (Articles 3-5), and the requirement for States to take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity (Article 12), and to ensure effective access to justice for persons with disabilities on an equal basis with others (Article 13).
The principle is that to provide an ‘equal basis’ a person with a disability requires such measures as will provide a level playing field with people who do not have a disability.
Written straight after a meeting with the council, that had to be lobbied for before it could be held!! about a dispute of this nature.
Maurice Frank
