IRRV Alert - week ending 17th May 2019
News
Consultations
New benefits and taxation decisions
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A weekly update on benefits and taxation decisions |
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Worthing Borough Council (18 009 587)
Summary: Ms B complains about the way the Council dealt with her council tax account and the recovery action it took in respect of the claimed debt. The Ombudsman finds there was fault by the Council in failing to check address information but, on balance and taking account of Ms B’s own actions, that fault did not lead to injustice for Ms B requiring remedy. Broadland District Council (18 011 653)
Summary: Mr X complained about the Council taking unreasonable recovery action against him for overpaid council tax support and housing benefit. The Ombudsman should not investigate this complaint. This is because he exercised his right to appeal to the benefits tribunal and because the Council followed the correct procedures for council tax recovery. London Borough of Hillingdon (18 014 665)
Summary: The Ombudsman will not investigate Mr B’s complaint that the Council failed to follow council tax legislation and its own procedures when dealing with his council tax account. This is because part of the complaint was not made to us in time, we cannot consider complaints about the commencement and conduct of court proceedings, it was not unreasonable to expect Mr B to use his right of appeal to the Valuation Tribunal and to raise his relevant points in court and it is reasonable to expect him to ask the council to review his account and complaint in the light of new information he has recently found. London Borough of Ealing (18 015 119)
Summary: The Ombudsman will not investigate this complaint about council tax arrears. This is because there is insufficient evidence of fault by the Council and because the Council has offered a remedy. In addition, the complainant could appeal to the Valuation Tribunal. Southend-on-Sea Borough Council (18 006 104)
Summary: There was fault in how enforcement agents, acting on behalf of the Council, dealt with the ownership of a vehicle they had removed. This meant the complainant was wrongly required to pay storage fees. The Council has agreed to refund the fees to him, and also offer a payment to reflect his time and trouble. Ashfield District Council (18 014 314)
Summary: The Ombudsman will not investigate this complaint that the complainants’ property is in the wrong council tax band. This is because there is insufficient evidence of fault by the Council and because the complainant appealed to the Valuation Tribunal. The Ombudsman will not investigate complaints about the way the Council responded to other complaints because there is insufficient evidence of fault and injustice. Peterborough City Council (18 014 521)
Summary: Mr X complains that the Council obtained a Liability Order after advising him that it would not seek the order in court. The Ombudsman will not investigate this complaint because the matter has been remedied as the Liability Order has been quashed. East Riding of Yorkshire Council (18 014 937)
Summary: Mr and Mrs X complain that the Council did not make direct housing benefit payments to them as landlords for a tenant who failed to make regular prompt payments of rent. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council. Wokingham Borough Council (18 015 361)
Summary: Mr X complains about an overpayment of housing benefit and council tax support. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal. Reading Borough Council (18 010 109)
Summary: Mr B complains the Council erred in its billing and recovery of non-domestic rates for business premises he leased. The Ombudsman finds no fault by the Council, or by enforcement agents acting on its behalf in this matter. Maidstone Borough Council (18 013 547)
Summary: The Ombudsman will not investigate Ms B’s complaint about an overpayment of housing benefit. It is reasonable for Ms B to use her right of appeal to the Social Security Appeal Tribunal if she considers the Council has made the wrong decision. Westminster City Council (18 014 826)
Summary: Mr X complained about the Council’s calculation of his housing benefit claim which he says was underpaid. The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal the decision on his benefit to the Tribunal which is the proper authority to decide such appeals.
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