IRRV Alert - week ending 11th June 2021

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New benefits and taxation decisions

benefits and taxation

A weekly update on benefits and taxation decisions

Please note: our decisions are published six weeks after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.

Corby Borough Council (20 001 807)

 

Summary: Ms X complained the Council applied Council Tax to an annex on her house despite the annex being exempt. Ms X complained the Council sent the Council Tax charges to debt collection agencies causing additional debt collection charges. The Council has admitted fault for charging Council Tax and has refunded Ms X the overpayments she made. The Ombudsman found the Council was at fault for charging council tax despite having the relevant information to know the property was exempt and the subsequent debt collection activity. The Council agreed to the Ombudsman recommendations to refunds any debt collection charges and provide Ms X with an apology and £900 for the avoidable distress, frustration and financial hardship it caused.

Portsmouth City Council (20 012 357)

 

Summary: We cannot investigate Mr X’s complaint. This is because Mr X has started court action against the Council.

Stockport Metropolitan Borough Council (20 013 458)

 

Summary: Mr X complained about the Council’s handling of his request to pay less council tax. The Council did not properly consider the request. At our recommendation, the Council agreed to reconsider the request, including giving Mr X his right to appeal to the Valuation Tribunal. That was a satisfactory resolution of the complaint.

Sandwell Metropolitan Borough Council (19 020 410)

 

Summary: Mr X complained the Council gave him poor debt advice. He says this caused him an injustice because he accrued debt of over £9,000. I do not have enough evidence to continue my investigation of this complaint.

Rotherham Metropolitan Borough Council (20 013 256)

 

Summary: On the evidence currently available, we will not investigate Miss X’s complaint about the Council pursuing her for unpaid council tax. This is because Miss X appealed to the Valuation Tribunal. We cannot investigate any matter that has been appealed to the tribunal.

Three Rivers District Council (20 008 332)

 

Summary: Mr B complains the Council refused his business hardship relief from non-domestic rates. He also complains at delay in it making that decision. We uphold the complaint. We find fault in the decision taken and for poor customer service including delay. This has caused Mr B uncertainty and put him to unnecessary time and trouble. The Council has agreed action to remedy this injustice, which we set out at the end of this statement.

Erewash Borough Council (20 013 478)

 

Summary: We will not investigate this complaint about the way the Council collected council tax arrears from 2002 to 2008. This is because it is a late complaint.

Oldham Metropolitan Borough Council (20 013 037)

 

Summary: We will not investigate Ms X’s complaint that the Council wrongly billed her for four years of backdated business rates. This is because there is no evidence of fault by the Council. We will not investigate Ms X’s complaint that the rateable value of her premises is too high as the Valuation Office Agency is responsible for setting the value and its decision carried a right of appeal to the Valuation Tribunal.


 


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