IRRV Alert - week ending 21st April 2023
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. London Borough of Barnet (22 010 267)
Summary: Mr D complains the Council did award him 100% Small Business Rates Relief in 2022. We have not found any evidence of fault by the Council and have completed the investigation and not upheld the complaint. Slough Borough Council (22 010 340)
Summary: There was fault by the Council. The Council recovered a large debt by direct debit without telling Mr X that a payment plan could be arranged. A Council officer also made inappropriate comments to Mr X and his wife in an interview. The Council’s apology, payment and offer to arrange a retrospective payment plan remedies the injustice from the Council’s actions. Royal Borough of Greenwich (22 015 895)
Summary: We will not investigate this complaint about Mr X’s liability to pay historic council tax for a property he previously owned. It is reasonable for him to use his right of appeal to the Valuation Tribunal. Luton Borough Council (22 014 751)
Summary: We will not investigate this complaint about an overpayment of housing benefit because the complaint is late. Chesterfield Borough Council (22 015 716)
Summary: We will not investigate Mrs X’s complaint that she missed out on the £150 council tax energy rebate payment as there is insufficient evidence of fault by the Council.
Summary: Ms E complained the Council failed to provide appropriate support when dealing with her council tax account. She says the Council failed to exercise discretion, it refused to act when she described the hardship she was facing, and it bullied her into paying council tax. We find the Council was at fault for failing to provide Ms E with her appeal rights and a detailed explanation why it rejected her disability reduction application. The Council invited Ms E to make a fresh application, and it has now backdated the payments. However, it did not apologise to Ms E for the uncertainty caused. The Council has accepted our recommendation to apologise to Ms E. Bury Metropolitan Borough Council (22 005 900)
Summary: Mr X complained the Council has overcharged him Council Tax and failed to consider his appeals or application for a Discretionary Council Tax Reduction. We found fault with the Council for delaying its decisions on Mr X’s applications and appeals about his Council Tax. The Council agreed to provide Mr X with a list of information it needs and provide a decision on Mr X’s application and appeals. The Council also agreed to consider inserting timeframes into its Council Tax policies. The Council agreed to apologise to Mr X and pay him £500 for the avoidable distress, frustration and inconvenience caused. London Borough of Brent (22 014 856)
Summary: We will not investigate this complaint about a council tax refund because there is insufficient evidence of fault by the Council. Sefton Metropolitan Borough Council (22 015 129)
Summary: We will not investigate this complaint about the Council’s decisions around the complainant’s relative’s entitlement to Housing Benefit. This is because it is reasonable to expect the complainant to appeal to the specialist Housing Benefit tribunal. Tewkesbury Borough Council (22 009 657)
Summary: Ms J complains about the Council not accepting her appeal request against a housing benefit overpayment decision. And not using her own figures to recalculate her entitlement. She also complains about a debt on her council tax account. The Ombudsman intends to close our investigation, as the Council has agreed to write off the debts and refund payments Ms J has made. London Borough of Southwark (22 001 830)
Summary: We found fault on Ms J’s complaint about the Council failing to give her information, or signpost her, to the Discretionary Housing Payment fund when she presented as homeless and in need of financial help to pay a deposit to secure another property. It failed to properly explain to her why she was not eligible in its decision letters. The agreed action remedies the injustice this caused.
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