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.

Brighton & Hove City Council (21 012 910)

Summary: Mr X complained the Council failed to provide clear information about what parts of his car washing business were required to closed and is wrongly seeking to recover COVID-19 business grants it paid to him. Mr X said the repayment of the grants would cause financial hardship. The Council says the business has dissolved and so it is no longer seeking recovery of the grants. On this basis, we will discontinue our investigation as Mr X is no longer suffering a significant injustice.

London Borough of Croydon (21 015 306)

Summary: We will not investigate this complaint that the Council delayed issuing a council tax refund. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

Colchester Borough Council (21 011 151)

Summary: We will not investigate this complaint about the way the Council handled the council tax for the complainant’s late father’s house. This is because there is insufficient evidence of fault by the Council and the complainant could complain to the Information Commissioner.

London Borough of Croydon (22 001 673)

Summary: We will not investigate this complaint about incorrect council tax bills. This is because the problem has been resolved and there is insufficient evidence of injustice. In addition, we cannot investigate a council when it is operating as a landlord.

City of Bradford Metropolitan District Council (22 001 767)

Summary: We will not investigate this complaint about Mr X’s business rates. The argument about how much business rates Mr X should pay could reasonably be raised in court. We cannot consider what happened in court.

London Borough of Bromley (22 001 989)

Summary: We will not investigate this complaint about council tax and council tax support. This is because it is reasonable for Miss Y to appeal to the Valuation Tribunal.

Salford City Council (21 010 556)

Summary: Mr X complained the Council failed to make him liable for council tax in August 2018 instead taking this action in 2021. The delayed action resulted in a large refund being make to Mr X’s lodgers and the Council demanding arrears of over £7,000. The Council was at fault for not acting on information provided it to until three years later. To remedy the injustice caused, the Council will make a payment to Mr X of 50% of the amount charged in that three year period.

London Borough of Lambeth (22 000 383)

Summary: We will not investigate this complaint about council housing rent accounts and council tax arrears. We have no jurisdiction to investigate the actions of social housing landlords. We will not exercise discretion to consider Mr X’s council tax account from before 2020 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.

London Borough of Barnet (22 000 746)

Summary: We will not investigate this complaint about housing benefit overpayments from more than ten years ago. This is because the complainant could have used her appeal rights, because part of the complaint is late, and because the complainant could contact the Information Commissioner.

Eastbourne Borough Council (22 001 200)

Summary: Ms X complains that the Council has failed to provide an explanation of her Business rates refund. We will not investigate this complaint because the Council has now provided that explanation and any liability issues are for the court.

Surrey Heath Borough Council (22 001 580)

Summary: Ms X complains about her council tax liability and banding. The Ombudsman will not investigate this complaint because she has appealed to a Valuation Tribunal and the courts. Part of the complaint relates to a body out of jurisdiction.

London Borough of Lambeth (22 001 608)

Summary: We will not investigate this complaint about a late council tax refund. This is because the Council has provided a fair and proportionate remedy.

City of Bradford Metropolitan District Council (22 001 275)

Summary: We will not investigate this complaint about Mr X’s council tax bill. This is because the Council has agreed my invitation to provide a suitable remedy.

Redcar & Cleveland Council (21 000 197)

Summary: Mr X complained the Council wrongly refused his applications for Local Restriction Support Grants (LRSG) on the basis his business is not holiday accommodation. There is no evidence of fault in the decision to refuse the LRSG (closed) but the Council has not provided clear reasons for refusing the LRSG (open) which is fault. The Council will apologise, now consider Mr X’s eligibility for the LRSG (open) and make a payment to recognise his distress and time and trouble pursuing this matter.

Bedford Borough Council (22 001 212)

Summary: We will not investigate this complaint about council tax support. The Council has agreed to write off the outstanding debt, that remedies any injustice caused.