IRRV Alert - week ending 14th June 2019

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Local Government and Social Care Ombudsman - New benefits and taxation decisions

 

 

 

 

 

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benefits and taxation

A weekly update on benefits and taxation decisions

Bolton Metropolitan Borough Council (18 005 696)

 

Summary: Mr X complains that the Council has failed to properly deal with his housing benefit claims. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

Craven District Council (18 015 038)

 

Summary: Mr X complains that the Council wrongly administered a council tax payment he made which caused him time and trouble and postage costs. The Ombudsman will not investigate this complaint because the remaining injustice is insufficient to warrant investigation.

Oadby & Wigston Borough Council (18 015 840)

 

Summary: Mrs X complains that she has been held liable for council tax debts on a property following her father’s death. The Ombudsman will not investigate this complaint because this is a matter for the Valuation Tribunal.

Coventry City Council (18 015 887)

 

Summary: Mr X complains that the Council failed to properly administer his council tax account. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

London Borough of Lewisham (18 016 221)

 

Summary: Ms X complains that the Council has not provided help or support with her payments of council tax. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Nottingham City Council (18 016 315)

 

Summary: The Ombudsman will not investigate this complaint that the Council is paying the complainant’s housing benefit to the wrong landlord. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

Gedling Borough Council (18 016 526)

 

Summary: Mr X complains that he was misled by the Council about liability for council tax on a property he bought. The Ombudsman will not investigate this complaint because there is insufficient injustice to warrant investigation.

Birmingham City Council (17 019 120)

 

Summary: Ms A complains the Council caused distress when recovering council tax which she says she paid to a joint tenant. The Ombudsman considers there is fault by the Council. We consider the Council’s proposal is an appropriate remedy.

Luton Borough Council (18 003 422)

 

Summary: The Ombudsman has not found fault by the Council regarding its decision to charge Mr X council tax when he previously had nothing to pay. The Council properly consulted residents. It sent the council tax bill to Mr X within the time required to give notice.

Reading Borough Council (18 012 596)

 

Summary: Mr B complains that the Council gave him wrong advice about a council tax exemption for his late mother’s house so he delayed in renting out the property and suffered financial loss. He also says the Council wrongly advised him to make an application to the Valuation Tribunal. The Ombudsman finds the Council properly advised Mr B.

Cheshire East Council (18 013 892)

 

Summary: Partners in a business complained that the Council was unreasonably pursuing insolvency proceedings against them for unpaid business rates. But the Ombudsman will not investigate this matter. This is because we are precluded by law from investigating a complaint about what has happened in court. In addition there is no sign of fault by the Council in taking legal proceedings.

Bournemouth Borough Council (18 016 016)

 

Summary: Mr X complained the Council had held him liable for Council tax on a property. The Ombudsman should not investigate this complaint because Mr X has a right of appeal to the Valuation Tribunal and it would be reasonable to expect him to use it.

King's Lynn & West Norfolk Council (18 016 540)

 

Summary: Mrs X complained about the Council’s decisions on her housing benefit and council tax support claims from 2014. The Ombudsman will not exercise his discretion to investigate this complaint. This is because this concerns complaints about matters outside the normal 12-month period for receiving them. It was reasonable for Mrs X to appeal against the decisions to the independent benefits tribunals service which is the proper body to consider these matters

Sunderland City Council (18 010 304)

 

Summary: The Ombudsman will not investigate this complaint about costs the complainant incurred for council tax arrears. This is because there is insufficient evidence of fault by the Council. In addition, the court confirmed the costs and the Ombudsman cannot question a court decision.

London Borough Of Brent (18 015 012)

 

Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to refund money paid by the complainant when his entitlement to council tax reduction changed. It is unlikely the Ombudsman would find fault by the Council and the complainant had a right of appeal against the Council’s decision on his entitlement.

City of York Council (18 016 244)

 

Summary: Mr X complained about the Council’s failure to inform him that he could claim housing benefit from the start of his joint tenancy in 2010. He wants the Council to backdate the claim from 2018 to 2010. The Ombudsman cannot investigate this complaint. This is because the tenancy is with a social housing landlord and these bodies are outside the Ombudsman’s jurisdiction. There is no evidence of fault by the Council’s benefits authority.

Newcastle upon Tyne City Council (18 015 773)

 

Summary: The Ombudsman will not investigate this complaint about the impact a benefit fraud investigation had on the complainants. This is because there is insufficient evidence of fault and injustice. In addition, I cannot investigate anything that has been decided in court.

Stoke-on-Trent City Council (18 015 803)

 

Summary: The Ombudsman will not investigate Mr B’s complaint about the way the Council dealt with the repayment of his late mother’s housing benefit overpayment. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

Stockport Metropolitan Borough Council (18 016 253)

 

Summary: The Ombudsman will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.


 

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