IRRV Alert - week ending 25th March 2022 Part 1
News
New benefits and taxation decisions
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A weekly update on benefits and taxation decisions |
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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. Birmingham City Council (21 001 675)
Summary: Mr X complained about the Council’s handling of his business rates account and its refusal to award rates relief and grants, causing him financial loss and stress. We found fault by the Council that did not affect decision outcomes but caused uncertainty. We recommended the Council provide an apology and act to prevent recurrence. Bedford Borough Council (21 001 718)
Summary: Mr X complained that the Council failed to notify him about possible recovery action and costs when seeking to recover his council tax arrears. He said this caused upset and stress. We do not find the Council at fault. Ashfield District Council (21 007 204)
Summary: We will not investigate this complaint that the Council was wrong to take recovery action about Mrs X’s council tax account that was in arrears. This is because there is not enough evidence of fault by the Council. London Borough of Croydon (21 007 276)
Summary: We will not investigate this complaint about the Council’s use of bailiffs to collect council tax arrears. This is because there is insufficient evidence of fault by the Council. London Borough of Ealing (21 014 740)
Summary: Mr X complains about the way the Council has recovered housing benefit from him as a landlord. We will not investigate this complaint because the complaint is out of time and could be (and was) appealed to a tribunal. Birmingham City Council (21 014 972)
Summary: We will not investigate this complaint about recovery action for business rates. We cannot consider the court action resulting in the liability order and, after that, Mr X could have taken court action if he believed the liability order was wrong. London Borough of Wandsworth (21 014 333)
Summary: We will not investigate this complaint about a housing benefit overpayment created in 2016. This is because part of the complaint is late and because there is insufficient evidence of fault by the Council. In addition, the complainant could have used her appeal rights. Stockport Metropolitan Borough Council (21 014 582)
Summary: Mr X complains about the service of a summons by the Council for unpaid council tax, which he disputes. We will not investigate this complaint because there is no evidence of fault and there is a right of appeal to a Valuation Tribunal for liability disputes. Leicester City Council (21 004 458)
Summary: Mr X complained the Council refused his applications for COVID-19 grants without properly explaining the reasons for refusal, causing financial hardship. The Council did explain the reasons for refusal and so there is no fault on this point. There is fault by the Council in respect of consideration of round two applications for the discretionary scheme but this did not result in any significant injustice to Mr X. Cheltenham Borough Council (21 008 503)
Summary: We will not investigate Mrs X’s complaint that the Council wrongly refused her application for a COVID-19 business grant. This is because there is no evidence of fault affecting its decision. Coventry City Council (21 013 835)
Summary: We will not investigate this complaint about the Council’s decision not to award a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council. Oadby & Wigston Borough Council (21 014 308)
Summary: We will not investigate this complaint about the complainant’s council tax support from 2016 to 2018. This is because the complainant could have used her appeal rights and because it is a late complaint. Oxford City Council (21 008 095)
Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal the matter to the Valuation Tribunal. Sheffield City Council (21 011 700)
Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for business rates relief available to certain businesses affected by the COVID-19 pandemic. This is because there is no evidence of fault affecting the Council’s decision. Oldham Metropolitan Borough Council (21 014 551)
Summary: We will not investigate this complaint about the recovery of an overpayment of housing benefit because she has appealed to a tribunal.
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