IRRV Alert - week ending 9th December 2022

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New benefits and taxation decisions

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local government and social care ombudsman

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.

Slough Borough Council (22 008 922)

Summary: We will not investigate this complaint about the complainant’s liability for council tax. This is because it is reasonable for the complainant to have used his right of appeal against the Council’s decision.

Cheshire East Council (22 008 931)

Summary: We will not investigate this complaint about changes to 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 used her appeal rights.

Milton Keynes Council (22 006 816)

Summary: We cannot investigate this complaint about a housing benefit overpayment. This is because the complainant appealed to the tribunal.

Vale Of White Horse District Council (22 008 862)

Summary: We cannot investigate this complaint about how the Council dealt with an application for housing benefit. This is because the complainant has appealed the Council’s decision to a tribunal.

Boston Borough Council (22 000 690)

Summary: Ms L and Mr P complained the Council delayed in completing land searches on a property they were trying to sell which delayed the sale. They complained the Council charged council tax during that time even though it caused the delay in the sale and delayed in responding to their complaint on the matter. The Council failed to consider using its discretion to reduce the council tax bill and failed to keep complete and accurate records. The Council agreed to consider its discretion to reduce the council tax on the property and pay Ms L and Mr P £150 to recognise the frustration and uncertainty they experienced.

North Somerset Council (22 005 134)

Summary: We will not investigate this complaint the Council’s preference for on-line communication is discriminatory. That is because there is not enough evidence of fault to justify our involvement.

Bolton Metropolitan Borough Council (22 005 882)

Summary: We will not investigate this complaint about the Council sending Mr X a bill for council tax, for charging him to replace smoke alarms and removing rubbish, and for forcing him to demolish a property. This is because the complaint is outside the Ombudsman’s jurisdiction.

London Borough of Barnet (21 016 885)

Summary: Mr X complains the Council incorrectly decided to pursue him for historic council tax and rent arrears. Mr X says he had applied for discretionary payments from the Council to clear the outstanding amounts. The Council has accepted it failed to respond to Mr X’s original request for a discretionary relief payment for the council tax arrears. It has now written off Mr X’s debt and withdrawn his account from the Bailiffs. We also found the Council failed to respond to Mr X’s original request for a discretionary housing payment for the rent arrears. To remedy this, the Council has agreed to apologise to Mr X, make him a payment to recognise the uncertainty and distress caused, including by passing his council tax debt to the Bailiffs, and it has offered to award a discretionary housing payment on part of the rent arrears. The Council also agreed to make several service improvements.

Brighton & Hove City Council (22 008 052)

Summary: We will not investigate this complaint about the Council’s recovery of council tax from Ms X. There is insufficient evidence of fault which would warrant an investigation.



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