IRRV Alert - week ending 15th September 2023
News
Reports
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. Slough Borough Council (23 001 654)
Summary: The Council was at fault for how it handled Mr X’s Council Tax account and for how it handled his complaint about this. This did not cause any injustice to Mr X. London Borough of Enfield (23 004 375)
Summary: We cannot investigate this complaint about a charging order to recover council tax arrears. This is because charging orders are granted by the court, and we cannot investigate any matter that has been subject of legal proceedings. In addition, we will not investigate Ms X’s complaint about the Council’s handling of her complaint because we cannot investigate the substantive matters that led to Ms X’s complaint. London Borough of Camden (23 005 059)
Summary: We will not investigate this complaint about letters sent to Miss X by the Council. This is because the complaint concerns the Council’s handling of Miss X’s personal data and this is a matter best dealt with by the Information Commissioner’s Office. Wirral Metropolitan Borough Council (22 011 074)
Summary: Mr Y complains that, after a Tribunal decision, the Council failed to refund him payments the Tribunal had found as irrecoverable. The Ombudsman’s decision is there was fault by the Council. After Mr Y raised the matter, the Council should have conducted a thorough enough investigation that would have led to it resolving the issue. Instead Mr Y needed to complain to the Ombudsman. And we needed to make multiple enquiries before the Council actioned the Tribunal’s decision. The Council has agreed to my recommendations. Redcar & Cleveland Council (22 015 743)
Summary: We will not investigate this complaint about Council tax support as there is no evidence of fault and there is a right of appeal to a tribunal which could be used. Bolton Metropolitan Borough Council (22 017 136)
Summary: Miss X complains the Council failed to consider her housing benefit appeal, which prevented her from appealing to the tribunal. The Ombudsman finds fault with the Council for failing to consider Miss X’s request for appeal, which delayed her right to appeal to tribunal. The Ombudsman also finds fault with the Council for how it communicated with Miss X and for failing to provide a stage two complaint response. The Council has agreed to carry out the appeal and pass to the tribunal without delay if Miss X remains unhappy. The Council has also agreed to make a financial payment and service improvements. Manchester City Council (23 001 405)
Summary: We will not investigate this complaint that the Council has suspended the complainant’s housing benefit and keeps asking for information he has already provided. This is because there is insufficient evidence of fault. Milton Keynes Council (23 004 471)
Summary: We will not investigate this complaint about a council tax error the Council made in 2021. This is because the Council has provided a fair and proportionate response. Havant Borough Council (23 005 071)
Summary: We will not investigate this complaint about liability for Council tax because he can appeal to a Valuation Tribunal. Eastleigh Borough Council (23 005 133)
Summary: We will not investigate this complaint about Council tax benefit underpayment because he could appeal to a tribunal. Liverpool City Council (23 006 106)
Summary: We will not investigate this complaint about a dispute over liability for council tax. This is because liability disputes are best dealt with appeals to the Valuation Tribunal, and it was reasonable to expect the complainant to have done this. London Borough of Enfield (23 005 523)
Summary: We cannot investigate this complaint that the Council will not award a single person council tax discount to Mr X. This is because this matter has been considered by the Valuation Tribunal and is therefore now no longer within our legal remit. Wyre Borough Council (23 005 665)
Summary: We will not investigate this complaint about the Council not paying interest on a council tax refund. This is because there is insufficient evidence of fault by the Council and the complaint is best dealt with by the Valuation Office Agency.
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