Citizens Advice Column

By Jane Owens

I am a student living in a shared house with three others, one of them also a student, the other two working. Last year when other people moved out they left unpaid bills, including council tax, and as the only one still living in the house I was told by the council that I was responsible for paying the whole amount - which of course I couldn't afford. It got to the point where they were threatening to take me to court. In the end my family had to bale me out, but it's a lot of money and it seemed so unfair that I was made to pay the lot. I don't want this to happen again and want to know if there's any way of safeguarding against it.

Students who live in shared accommodation with only other students are exempt from council tax. But until recently [in England and Wales], if anyone in the household was not, or was no longer, a student, council tax became payable on the property and then everyone living there became 'jointly and severally liable' for the council tax. This meant that each of them could be required to pay the full bill, not just his or her 'share' of the bill.

The good news for you is that from 1 April - the start of the new council tax year - students in England and Wales are no longer 'jointly and severally' liable for council tax even if they share with non-students. This means that although you may still be liable to pay some council tax (it will depend on the nature of the accommodation and who is actually liable to pay the council tax for that property) you cannot in future be pursued for the whole amount, even if others who are liable default on payment.

My girlfriend is pregnant. We are not planning on getting married but I am worried about what rights I have with our son. Where do I stand?

When parents are not married, the father does not have any legal rights in relation to his child even if he is living with the child's mother. But since 1 December 2003 an unmarried father can get parental responsibility automatically if he and the child's mother register the birth of their child together.

Parental responsibility gives a father rights and responsibilities in connection with his child's upbringing such as health, education and welfare.

Until recently unmarried fathers could only obtain parental responsibility by marrying the mother, by applying for a court order or by entering into a parental responsibility agreement with the mother.

A formal parental responsibility agreement can be made whether or not the parents are living together. It comes to an end when the child is 18. Otherwise, it can only be brought to an end by a court order, or if the child is adopted, so both parents need to consider carefully the implications of making one. If an unmarried father loses parental responsibility he cannot re-apply for it at a later stage.

Unmarried parents may wish to draw up an informal agreement setting out the arrangements for the care of their child and their respective involvement. This can help couples consider the issues involved in bringing up a child and possibly avoid future disputes about rights and responsibilities towards the child. The court can use it if a disagreement arises, but would not be bound by it if it considers that it would not be in the best interests of the child.

If an unmarried mother dies, and the father has not obtained parental responsibility or been appointed guardian by the mother, he will not have an automatic right to have the child carry on living with him, even if he was living with the mother before her death.

Should you need advice about any of the above issues please contact us at Wavertree Citizens Advice Bureau or go to www.adviceguide.org.uk

The Citizens Advice Service is free, independent, confidential and impartial. We help people to resolve their legal, money and other problems by providing information and advice and influencing policy makers.

We are looking for people who can devote two days a week to help us deliver our service. All our volunteers receive comprehensive training and support.

If you wish to volunteer or want further information please contact:
Jane Owens, Wavertree Citizens Advice Bureau, 242 Picton Road, Wavertree, L15 4LP.
Phone: 0151 522 1404, e-mail: wavcab@hotmail.com