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 (22 015 798)

Statement Closed after initial enquiries Covid-19 21-Mar-2023

Summary: We will not investigate this complaint about a COVID-19-related business grant. There is not enough evidence of fault in the Council’s refusal to pay the grant. The law prevents us considering the court action.

• Bolton Metropolitan Borough Council (22 016 424)

Statement Upheld Council tax 21-Mar-2023

Summary: We will not investigate this complaint about a delay by the Council in issuing a council tax refund. This is because the Council has provided a fair and proportionate response and there is not enough injustice to require an investigation.

• Westminster City Council (22 016 352)

Statement Upheld Other 21-Mar-2023

Summary: We will not investigate this complaint about a late Business rates bill because the matter has been remedied.

• Buckinghamshire Council (22 016 577)

Statement Closed after initial enquiries Council tax 20-Mar-2023

Summary: We will not investigate this complaint about council tax reductions. This is because Miss Y can reasonably be expected to appeal to the Valuation Tribunal.

• Mole Valley District Council (22 016 252)

Statement Closed after initial enquiries Council tax 20-Mar-2023

Summary: We will not investigate this complaint about the way the Council dealt with his Council tax payments because there is no evidence of fault by the Council, and he could appeal the court decision and appeal to a tribunal.

• Warrington Council (22 009 297)

Statement Upheld Housing benefit and council tax benefit 20-Mar-2023

Summary: Mr X complained about the Council’s decision to reduce his council tax support and housing benefit entitlement. He said the Council also delayed sending his appeal to tribunal. The Council was at fault for failing to inform Mr X of his right to appeal its decision to reduce his council tax support to the Valuation Tribunal, and for failing to respond to his request for council tax support. The Council will apologise to Mr X and pay him £100 to acknowledge the frustration and uncertainty it caused and inform him of his right to appeal to the Valuation Tribunal.

• Dudley Metropolitan Borough Council (22 013 264)

Statement Not upheld Housing benefit and council tax benefit 20-Mar-2023

Summary: Miss X complained about the way the Council handled her application for a discretionary housing payment. She said the Council did not properly consider the information she provided, or if it should award a long-term or indefinite award. There was no fault in the Council’s actions.

• Manchester City Council (22 016 286)

Statement Closed after initial enquiries Council tax 17-Mar-2023

Summary: We will not investigate this complaint about the Council’s handling of the complainant’s council tax support and housing benefit accounts. This is because it is reasonable to expect the complainant to appeal to the Valuation Tribunal about the council tax support. And we cannot look at anything in connection with the housing benefit as the complainant appealed to the specialist tribunal already.

• London Borough of Lewisham (22 010 242)

Statement Not upheld Local welfare payments 17-Mar-2023

Summary: Miss X complained about the way the Council decided and implemented its household support fund. There was no fault in the Council’s decision making.

• Bury Metropolitan Borough Council (22 010 232)

Statement Upheld Council tax 16-Mar-2023

Summary: Mr X complains on behalf of his mother, Mrs Y. Mr X says the Council has not provided a full refund for monies owed following the re-banding of Mrs Y property. I have concluded my investigation having made a finding of fault by the Council. A further refund is owed for the period concerning 1993 to 1998, and the Council’s original calculation caused an injustice to Mr X. Although the Council has contacted Mr X and offered to recalculate the refund that is owed, Mr X spent much time and trouble chasing the Council on the matter to little avail. The Council has agreed to our recommendations.

• London Borough of Barnet (22 009 863)

Statement Not upheld Housing benefit and council tax benefit 16-Mar-2023

Summary: Mr X complains about an overpayment of Housing Benefit from 2010 that the Council is now seeking to recover. We have concluded our investigation having not made a finding of fault. The Council were not at fault to pursue Mr X for the overpayment and correctly served the notification to Mr X which contained his right of appeal.

• Welwyn Hatfield Borough Council (22 014 012)

Statement Closed after initial enquiries Council tax 16-Mar-2023

Summary: We will not investigate this complaint about the Council pursing Miss X for a council tax debt. She says the Council failed to acknowledge her mental health and offers of payment, and refused to apply a discretionary discount to waive her debt. This is because some of the matters complained about are late, and there are no good reasons to exercise discretion to consider the late complaint. In addition, the complaint is out of the Ombudsman’s jurisdiction as Miss X has used her right of appeal to the Valuations Tribunal.

• London Borough of Barking & Dagenham (22 015 853)

Statement Closed after initial enquiries Housing benefit and council tax benefit 15-Mar-2023

Summary: We will not investigate this complaint about a housing benefit underpayment that was created in error. This is because there is insufficient evidence of injustice.

• Royal Borough of Greenwich (22 016 384)

Statement Closed after initial enquiries Housing benefit and council tax benefit 15-Mar-2023

Summary: We will not investigate this complaint about the Council’s decision Mr X should not have received housing benefit. It is reasonable for Mr X to use his right of appeal to a tribunal.