IRRV Alert - week ending 21st July 2023 Part 1

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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.

Liverpool City Council (22 013 754)

Summary: Miss X complained about how the Council managed her council tax direct debit and communicated with her. The Council was at fault for failing to send Miss X a reminder or final notice when she began accruing arrears without her knowledge. It was also at fault for failing to respond to Miss X’s contact in a timely way and for how it spoke to her on the phone. The faults caused Miss X avoidable distress. To remedy that injustice, the Council will apologise and pay Miss X £100. It will also carry out staff training to prevent the fault occurring again.

London Borough of Harrow (22 015 787)

Summary: We will not investigate this complaint about an increase in the complainant’s council tax. This is because there is insufficient evidence of fault by the Council and because there were appeal rights the complainant could have used.

London Borough of Wandsworth (23 000 711)

Summary: We will not investigate this complaint about business rates. There is not enough evidence of fault to justify investigating.

Birmingham City Council (23 001 459)

Summary: We will not investigate this complaint about some council tax letters the complainant says were misleading. This is because there is insufficient evidence of fault and injustice.

London Borough of Ealing (23 001 525)

Summary: We will not investigate this complaint about the Council incorrectly taking enforcement action to recover council tax. That is because we are satisfied with the action the Council has taken to resolve the fault and remedy the injustice caused.

Pendle Borough Council (23 002 920)

Summary: We will not investigate this complaint about council tax liability as it is made late to us and there are not good reasons to investigate now. We also cannot achieve the outcome the complainant seeks.

Stratford-on-Avon District Council (23 002 355)

Summary: We will not investigate this complaint about Mr X’s entitlement to council tax support. It is reasonable for him to appeal the Council’s decision to the Valuation Tribunal.

Maidstone Borough Council (22 014 148)

Summary: Mr X complained the Council failed to send him a council tax bill for 2022/2023 adjusted for the £150 council tax rebate and has not provided him with a copy of the liability order it has obtained for this debt. Mr X also complained the Council has bullied and harassed him and referred to him in derogatory terms in an internal communication. There is no evidence of fault in the way the Council has billed Mr X and sought to collect the outstanding council tax. However, an officer’s inappropriate and offensive comment was fault. The Council has apologised for the upset this caused Mr X.

Buckinghamshire Council (22 014 168)

Summary: Mrs Y complains the Council failed to consider its discretion to reduce the amount of council tax it asked her to pay on an empty property. The Council says it did use its discretion. The Ombudsman’s decision is it was fault that the Council did not advise Mrs Y she could review and appeal the decision, which its policy says it should have done. To remedy the injustice, we have asked the Council to invite Mrs Y to apply for discretionary relief. That would give her appeal rights to the Valuation Tribunal, in the event of the Council not agreeing to her request.

Herefordshire Council (23 001 943)

Summary: We will not investigate this complaint about late Council tax liability because the matter has been remedied.

Slough Borough Council (23 002 108)

Summary: We will not investigate this complaint about a dispute over entitlement to a discount because there is a right of appeal to Valuation Tribunal.

Colchester Borough Council (23 002 338)

Summary: We will not investigate this complaint about Mrs X’s council tax liability. It is reasonable for her to appeal to the Valuation Tribunal.

London Borough of Bexley (23 002 033)

Summary: We will not investigate this complaint about the Council’s decision not to award Miss X discretionary housing payments. This is because we would be unlikely to find fault with the Council’s actions.

Birmingham City Council (22 010 852)

Summary: Mr X complained the Council sought to recover grant money from him for a small business grant he did not personally receive. He also complained the Council discriminated against him. There was fault by the Council when it awarded a grant to Mr X. However, the Council was entitled to seek recovery of the grant and was not at fault for pursuing Mr X personally. The Council was also at fault when an officer incorrectly told Mr X the Council could not provide translation services.

Swindon Borough Council (22 017 426)

Summary: Mr X complains the council failed to advise about an adjournment of a council tax liability order hearing he wished to attend. The council obtained a liability order and later applied an attachment of earnings causing him hardship. We have not found fault by the council. We cannot consider part of the complaint as it relates to court proceedings.

London Borough of Hounslow (23 000 646)

Summary: We will not investigate this complaint about the Council’s decision to stop Ms X’s Housing Benefit. This decision is appealable to the Tribunal and it would be reasonable for Ms X to appeal.

Bath and North East Somerset Council (23 000 803)

Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council and because the arrears have been confirmed in court.

Manchester City Council (23 000 836)

Summary: We will not investigate this complaint about the way the Council’s contact centre handled a call from Ms B because there is not enough evidence the Council is at fault or caused Ms B significant enough injustice to warrant investigation.

London Borough of Harrow (23 002 469)

Summary: We will not investigate this complaint about council tax liability as we cannot achieve the outcome the complainant seeks.



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