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.

London Borough of Brent (21 007 373)

Summary: Mr X complained about the Council’s handling of Council Tax liability matters and the lack of communication between its departments. We will not investigate the complaint because the Council has taken action to address the problem and has made a reasonable offer of compensation for its failings.

Salford City Council (21 008 660)

Summary: We will not investigate this complaint that the Council recovered a housing benefit overpayment when the complainant never received any housing benefit. This is because the complainant could have appealed to the tribunal and because it is a late complaint.

City of Bradford Metropolitan District Council (21 008 994)

Summary: We will not investigate Mr X’s complaint about the Council’s delay in informing him he would need to pay business rates for the 2020/21 financial year as the matter did not cause him significant injustice. We cannot investigate Mr X’s complaint about the Council’s issue of a court summons as the matter falls outside our jurisdiction.

Bedford Borough Council (21 009 130)

Summary: Ms X complains about the Council’s use of bailiffs to enforce a debt. We will not investigate this complaint because there is no evidence of fault by the Council.

South Gloucestershire Council (21 001 361)

Summary: Mrs X complained the Council refused her application for a discretionary grant because she used the wrong online form. We take the view Mrs X used the only form available and so if it was the wrong form this was fault by the Council. A suitable remedy for the injustice caused is agreed.

City of Bradford Metropolitan District Council (21 008 626)

Summary: We will not investigate Mr X’s complaint about the Council’s refusal of his application for a COVID-19 small business grant. This is because there is no evidence of fault by the Council.

London Borough of Islington (21 008 680)

Summary: We have no jurisdiction to investigate a complaint about the actions of the Council in its role as a social landlord.

London Borough of Camden (20 013 050)

Summary: Mr B complained the Council did not award his business a grant under a scheme to support businesses impacted by COVID-19. We uphold the complaint as we find the Council did not properly consider if Mr B’s business should be liable to pay business rates. Consequently, it also did not apply itself properly to Government guidance accompanying the grant scheme. This causes injustice as it creates uncertainty about whether Mr B’s business therefore had an entitlement to a grant. The Council accepts these findings and at the end of this statement, we set out the action it has agreed to remedy this injustice.

London Borough of Camden (21 001 240)

Summary: Mr C complained the Council did not award his business a grant under a scheme to support businesses impacted by COVID-19. We uphold the complaint, finding the Council did not properly consider if Mr C’s business was liable to pay business rates. Consequently, it also did not apply itself properly to Government guidance accompanying the grant scheme. This causes injustice as it creates uncertainty about whether Mr C’s business therefore had an entitlement to a grant. The Council accepts this finding and at the end of this statement, we set out action the action it has agreed to remedy this injustice.

Worthing Borough Council (21 007 600)

Summary: We will not investigate this complaint about the Council not giving Mr X some COVID-19-related business grants. The Council properly reached its decision.

Northumberland County Council (21 008 688)

Summary: We will not investigate this complaint about the Council’s proposed method to pay council tax instalments. This is because there is insufficient evidence of fault to warrant an investigation and an investigation would not lead to a different outcome.

Luton Borough Council (20 013 398)

Summary: We will not exercise discretion to investigate this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner about a housing benefit overpayment.

Elmbridge Borough Council (21 002 525)

Summary: Mr B complained the Council refused him a discretionary grant under a scheme designed to support businesses impacted by COVID-19. We do not uphold the complaint, finding the Council was not at fault for rejecting Mr B’s application.

Wealden District Council (21 004 982)

Summary: We will not investigate this complaint regarding council tax arrears. This is because the injustice is not significant enough to warrant an investigation.

Southampton City Council (21 007 607)

Summary: A woman complained that the Council delayed unreasonably in reviewing her entitlement to council tax reduction which meant she now faces a large demand for unpaid council tax. But we do not have reason to investigate this matter because there is insufficient sign of fault by the Council.

London Borough of Hillingdon (21 007 742)

Summary: We will not investigate this complaint about the Council’s failure to provide Ms X with an audio recording of her council tax bill. This is because the Council has now sent a recording and will be doing so for future bills.

Rochford District Council (21 008 123)

Summary: We will not investigate this complaint about the complainant’s council tax and council tax support. This is because there is insufficient evidence of fault by the Council and because the complainant could have appealed to the Valuation Tribunal.

East Suffolk Council (21 008 408)

Summary: We will not investigate this complaint about the way the Council handled the complainant’s benefit claims since 2016. This is because there is insufficient evidence of fault by the Council and because part of the complaint is late.

North Tyneside Metropolitan Borough Council (21 008 484)

Summary: We will not investigate this complaint about council tax bills. There is no evidence of fault, and any injustice is not significant enough to warrant our involvement. Moreover, any investigation would not lead to a different outcome.