A weekly update on benefits and taxation decisions

Bristol City Council (18 011 811)

Summary: The Ombudsman will not investigate this complaint about changes to the complainant’s council tax. This is because there is insufficient evidence of fault by the Council and because the complainant can appeal to the Valuation Tribunal.

London Borough of Barking & Dagenham (18 012 164)

Summary: Mr X complained about the Council’s handling of a Council Tax account for a rented property. The Ombudsman should not investigate this complaint. This is because Mr X has a right of appeal to a tribunal for the Council Tax, and is already appealing to the Valuation Office about the property’s banding.

London Borough of Merton (18 008 104)

Summary: Mr B complained a Council enforcement agent entered his business premises under false pretences, tried to levy on goods not belonging to the debtor and harassed staff. Without any recording of the visit a safe conclusion cannot be reached about what happened on the day. The Council was not at fault for trying to remove goods.

Sheffield City Council (18 011 433)

Summary: The Ombudsman will not investigate this complaint about the way the Council has handled the complainant’s council tax arrears. This is because there is insufficient evidence of fault by the Council and because it is unlikely an investigation would lead to different outcome.

Milton Keynes Council (18 011 790)

Summary: the Ombudsman will not investigate Ms B’s complaint about the way the Council has dealt with her claim for council tax support. This is because it is reasonable to expect her to use her right of appeal to the Valuation Tribunal.

London Borough of Hammersmith & Fulham (17 015 151)

Summary: There is evidence of fault with how the Council dealt with Mr X’s council tax account. The Council has agreed to a suitable remedy for the injustice caused.

Kingston upon Hull City Council (18 002 834)

Summary: There is no fault in the Council’s actions in relation to its recovery of council debts accrued on Mr F’s Property C in the April to June 2017 period. There are no grounds to consider his complaint in relation to an earlier period as Mr F could have complained about these earlier and so there are no grounds to exercise discretion to consider these now.

London Borough of Croydon (18 009 569)

Summary: The Ombudsman will not investigate this complaint about council tax and council tax support. This is because the Council has already provided a fair remedy and there is not enough outstanding injustice to require an investigation.

Sevenoaks District Council (18 011 445)

Summary: The Ombudsman will not investigate this complaint. This is because a remedy has already been provided by the Council which is unlikely to be added to or altered by the Ombudsman if we investigated.

Thurrock Council (18 011 554)

Summary: The Ombudsman will not investigate Mr B’s complaint about the Council’s use of his personal data. It is reasonable to expect Mr B to complain to the Information Commissioner.

West Lindsey District Council (18 011 722)

Summary: Mrs X complains about the Council’s decisions regarding her council tax liability. The Ombudsman will not investigate this complaint because these are matters for the Valuation Tribunal.

Sandwell Metropolitan Borough Council (17 019 642)

Summary: Mrs B complains that the Council has not taken account of all her circumstances when dealing with her Council Tax, causing her distress and making it more difficult for her to pay her bill. The Council was not at fault when it agreed repayment plans before taking enforcement action. However, the Council did not take action regarding Mrs B’s vulnerability, and did not follow its own procedures around dealing with vulnerable people with Council Tax debt. This has meant enforcement action taken has not always been dealt with appropriately.

Medway Council (18 006 833)

Summary: Ms X complains the Council has failed to provide appropriate advice and assistance in relation to her housing options. There is no evidence of fault in the way the Council considered Ms X’s application to join the housing register, or her DHP applications.

Mid Devon District Council (17 012 085)

Summary: Mr X complains about the way the Council has dealt with this council tax. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal on these matters and the Liability Order could be disputed in court.

Wyre Borough Council (17 014 410)

Summary: The Council delayed in properly investigating when the complainant’s tenant left the property and gave the tenant an empty property discount. The Council put the complainant to unnecessary time and trouble in resolving this. The Council then sent an unnecessary reminder and summons causing distress. The Council will apologise and pay the complainant £150 for her time, trouble and distress.

North West Leicestershire District Council (18 006 144)

Summary: Mrs X complains the Council wrongly pursued her son, Mr Y, for a debt he did not owe. She says the enforcement agent who visited her home was intimidating and aggressive in his manner. The Council was at fault for not informing its enforcement agency when Mr Y’s debt liability reduced. Mr Y was subsequently pursued for money he did not owe. The Council has admitted it made mistakes, apologised and made changes to its procedures. It has also offered an appropriate level of financial compensation to Mrs X and Mr Y to remedy the injustice caused.

Basingstoke & Deane Borough Council (18 007 445)

Summary: Mr A complains the Council miscalculated his council tax liability for the financial year 2017/18 on his old address and bullied him into paying an inflated amount. The Ombudsman has found the Council was at fault for failing to investigate Mr A’s case in sufficient detail and properly consider his circumstances before recalculating his council tax liability. This inconvenienced Mr A, however the Council has already acted to remedy this injustice. Nevertheless, I have made some service improvement recommendations to ensure the fault identified does not reoccur, which the Council has agreed to carry out.

Walsall Metropolitan Borough Council (18 010 217)

Summary: Mrs X complains that the Council unfairly held her liable for council tax on a property. The Ombudsman will not investigate this complaint because the matter has been settled and there is insufficient injustice to warrant investigation.

London Borough of Waltham Forest (18 010 556)

Summary: The Ombudsman will not investigate Ms B’s complaints about the way the Council has dealt with council tax matters and a letter it sent to her about rent arrears in September 2016. The complaint about council tax recovery is late and there are no good reasons for the Ombudsman to now investigate. And the Ombudsman cannot investigate a complaint about the Council’s actions in sending a letter regarding rent arrears.

London Borough of Merton (18 010 904)

Summary: Mr X complained the Council passed a Council Tax debt to Enforcement Agents resulting in unnecessary fees. The Ombudsman should not investigate this complaint. This is because there is not enough evidence of fault by the Council which has caused injustice to Mr X.

Bolton Metropolitan Borough Council (18 012 167)

Summary: The Ombudsman cannot investigate this complaint about a housing benefit matter. This is because the complainant has appealed to the tribunal that considers housing benefits appeals.