A weekly update on benefits and taxation decisions

Westminster City Council (17 018 008)

Summary: Mr G complains the Council is asking him to repay a housing benefit overpayment he has already paid. The Ombudsman’s decision is there is no fault by the Council. The payments Mr G has made were to Council Tax.

Barrow-in-Furness Borough Council (18 010 719)

Summary: The Council was not at fault for not dealing with Mr X’s requests for reconsideration of its decisions on the housing benefit entitlement for all of his tenants. But the Council did not clearly explain why it was treating one request for a reconsideration and appeal as a lead case to decide the issue affecting all of the tenants. This fault caused avoidable time and trouble to Mr X which the Council has agreed to remedy by apologising to him.

Brighton & Hove City Council (18 012 329)

Summary: The complaint is about the actions of an enforcement agent who visited the home of the complainant’s partner to enforce a council tax debt. Mr X complains the Council enforced a debt that had nothing to do with him or his partner. And the agent should have withdrawn, as only his partner’s daughter was in the home. The Ombudsman’s view is there is no evidence of fault.

Royal Borough of Greenwich (18 013 993)

Summary: Ms X complains that the Council has denied her a council tax single occupancy discount because her sister stayed with her temporarily. The Ombudsman will not investigate this complaint because this is a matter for the Valuation Tribunal.

Manchester City Council (18 015 799)

Summary: The Ombudsman will not investigate this complaint about an overpayment the Council raised in 2008. This is because it is a late complaint and because the complainant could have appealed to the tribunal.

Nuneaton & Bedworth Borough Council (18 016 010)

Summary: Mr X complains about the requirement to pay council tax on a property. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal against a decision to hold a person liable for council tax.

Birmingham City Council (18 013 364)

Summary: The Ombudsman will not investigate this complaint about the complainant’s entitlement to housing benefit. The complainant can appeal to a tribunal against the Council’s decision not to backdate his claim.

London Borough of Redbridge (18 015 665)

Summary: The Ombudsman will not investigate this complaint about costs incurred for council tax arrears. This is because there is insufficient evidence of fault by the Council.

London Borough of Bromley (18 015 679)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment and alleged verbal abuse by a Council employee. This is because the matters have been considered in court, the complainant could have appealed to the tribunal and the alleged abuse does not form part of the administrative function of the Council. In addition, part of the complaint is late.

Tameside Metropolitan Borough Council (18 015 971)

Summary: Ms X complains that the Council did not advise her of her right to claim council tax support. The Ombudsman will not investigate this complaint because she can appeal to a tribunal for backdating.

Liverpool City Council (18 000 770)

Summary: Ms X complains she was wrongly directed to a Valuation Tribunal and the Council did not consider her appeal under the Managing Unreasonable Behaviour Policy. There is no fault in respect of the Valuation Tribunal or the appeal. However, the Council extended the restrictions under the Managing Unreasonable Behaviour Policy without sufficient evidence and this is fault. It should instead enter into an acceptable behaviour contract with Ms X about her ongoing contact with the Council.

London Borough of Hillingdon (18 014 391)

Summary: Mr X complains that the Council has failed to respond promptly to his business rates query. The Ombudsman will not investigate this complaint because the matter has been settled.

London Borough of Lewisham (18 015 883)

Summary: Mr X complains about the way the Council dealt with his Council Tax Support overpayment and the collection of his Council Tax arrears. The Ombudsman will not investigate the complaint because matters relating to Mr X’s Council Tax liability fall outside our jurisdiction and there is no evidence of fault which warrants investigation in how the Council has sought to collect his arrears.

London Borough of Hammersmith & Fulham (17 007 929)

Summary: The Council is at fault for the way it dealt with Miss X’s council tax accounts. It lost payments, added unnecessary costs and did not tell Miss X what was happening with the payments she made. Miss X lost control of her council tax accounts and the Council caused her unnecessary time, trouble and distress. To put this right the Council has apologised to Miss X, removed court costs from her account and written off the outstanding debt up to the end of March 2018.