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.

Bolton Metropolitan Borough Council (22 013 965)

Summary: We will not investigate this complaint that the Council has wrongly held a woman liable for council tax on a property. This is because the woman had a right of appeal to the Valuation Tribunal she could have used to dispute the Council’s decisions in her case.

Manchester City Council (22 014 765)

Summary: We will not investigate this complaint about the Council’s decision to refuse an application for a small business grant. This is because the complaint is made late.

Wirral Metropolitan Borough Council (22 014 802)

Summary: We will not investigate this complaint about how the Council asked a business for information about an employee. There is not enough evidence of fault to justify investigating.

Westminster City Council (22 014 894)

Summary: We will not investigate Mr X’s complaint about the Council’s COVID-19 business grant application process. This is because there is not enough evidence of fault by the Council.

West Northamptonshire Council (22 010 358)

Summary: Miss B complained that the Council failed to allocate council tax payments to her account correctly, failed to discover the error for five months despite providing evidence and failed to offer any payment in recognition of the injustice she was caused. We found fault with the Council’s actions. It has agreed to pay Miss B £250 and improve its procedures for the future.

Worthing Borough Council (22 014 932)

Summary: We will not investigate this complaint about the Council’s failure to update information relating to Council tax as there is a right of appeal to a tribunal.

London Borough of Southwark (22 013 988)

Summary: We will not investigate this complaint about council tax and council tax reduction because there is insufficient evidence of fault by the Council.

Birmingham City Council (22 014 039)

Summary: We will not investigate Ms X’s complaint the Council delayed revising her entitlement to council tax support, may have awarded the wrong amount of benefit, and delayed dealing with her complaints. The Council has awarded Ms X council tax support. It is reasonable for Ms X to use her right of appeal to the Valuation Tribunal if she disagrees with the entitlement decision. There is no other injustice.

London Borough of Bromley (22 014 830)

Summary: We will not investigate Ms X’s complaint about how the Council dealt with her council tax applications. It is unlikely we would find fault and in any case, Ms X has not experienced a significant injustice.

London Borough of Enfield (22 014 836)

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

Bath and North East Somerset Council (22 014 862)

Summary: We will not investigate this complaint about Council Tax arrears. Mr X knew the Council intended to recover the arrears in 2019 and could have complained to us sooner.

London Borough of Barking & Dagenham (22 010 859)

Summary: We will not investigate this complaint about Mr X’s tenant’s housing benefit. Any injustice would be to the tenant and not Mr X.

South Oxfordshire District Council (22 014 469)

Summary: We will not investigate this complaint about a fraud investigation. The conduct of two interviews did not cause significant enough injustice to warrant investigation. We are unlikely to find fault in the level of information Mrs X then had to give the Council. We are also unlikely to achieve what Mrs X wants in terms of compensation and waiving the business rates arrears. Mrs X can reasonably use her right to go to court about the alleged damage to her health.

London Borough of Waltham Forest (22 014 504)

Summary: We will not investigate Mr X’s complaint about the Council’s pursuit of payment for business rates he does not consider himself liable for. This is because the courts are better placed to decide if Mr X is liable.

Ashford Borough Council (22 014 665)

Summary: We will not investigate Mr X’s complaint that action by the Council to recover an over-payment of housing benefit is causing him poor mental health. It is unlikely we would find fault.

Plymouth City Council (22 014 749)

Summary: We will not investigate this complaint about liability for Council tax as there was an appeal to a Valuation Tribunal available.

London Borough of Bromley (22 014 821)

Summary: We will not investigate this complaint about Mr X’s council tax liability. It is reasonable for him to use his right of appeal to the tribunal.

Rochdale Metropolitan Borough Council (22 014 822)

Summary: We will not investigate this complaint about Ms X’s council tax liability. It would have been reasonable for her to use her right of appeal to the Valuation Tribunal, and the law prevents us from considering the Council’s subsequent decision to obtain liability orders from the courts.