IRRV Alert - week ending 12th July 2019

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New benefits and taxation decisions

 

 

 

 

 

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local government and social care ombudsman

 

benefits and taxation

A weekly update on benefits and taxation decisions

London Borough of Hammersmith & Fulham (17 013 583)

 

Summary: Mr X complained the Council ignored his claim for council tax support and as a result he has been overcharged. The Council was not at fault.

London Borough of Barnet (18 010 601)

 

Summary: Mrs X complains about the Council’s handling of her property’s council tax. She says the Council charged her council tax when it should not have. She also says the Council took money from her bank account without permission and refused to open a council tax account in her name only. Mrs X says the Council’s actions caused her to incur overdraft fees and financial loss. The Ombudsman finds fault with the Council for wrongly closing Mrs X’s council tax account. We recommend the Council pay Mrs X £100. We do not find fault with the Council’s other actions.

Durham County Council (18 010 715)

 

Summary: Mr X complained about the actions of the enforcement agents, acting on behalf of the Council, in relation to a council tax debt. The enforcement agents responded to the issues Mr X raised and there is no fault in the way the enforcement agents or the Council responded to Mr X’s complaints.

Blaby District Council (18 018 049)

 

Summary: The Ombudsman will not investigate this complaint about a Council Tax account being sent to the bailiffs even though the complainant was complying with a repayment plan for arrears. This is because the Council has already taken action which is a satisfactory way to resolve the complaint.

Vale of White Horse District Council (18 018 517)

 

Summary: Mrs X complains about the Council’s decision to recover an overpayment of housing benefit. The Ombudsman will not investigate this complaint because there is a right of appeal to a tribunal.

Daventry District Council (18 018 673)

 

Summary: The Ombudsman will not investigate this complaint about a data incident. This is because the Council has provided a proportionate response and there is not enough remaining injustice to require an investigation. In addition, the complainant can complain to the Information Commissioner.

London Borough of Lambeth (18 018 771)

 

Summary: Mr X complains that the Council took too long to process his council tax payments. The Ombudsman will not investigate this complaint because the matter has been remedied.

London Borough of Lambeth (18 014 049)

 

Summary: The Ombudsman will not investigate Mr B’s complaint about the application he made for housing benefit. Further consideration of the complaint is unlikely to find fault by the Council or achieve the outcome Mr B wants.

Northumberland Council (18 016 672)

 

Summary: Mrs X complained about the Council recovering housing benefit overpayments from her personal independence payments through the Department for Work and Pensions. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint concerns matters outside the normal 12 months for receiving complaints. Mrs X should have appealed the overpayment when it was issued in 2009.

London Borough of Merton (18 018 089)

 

Summary: The Ombudsman will not investigate this complaint that the Council wrongly made the complainant liable for council tax. This is because the council tax liability has been resolved and the complainant can appeal to the Valuation Tribunal if he still thinks it is wrong.

London Borough of Hounslow (18 018 120)

 

Summary: The Ombudsman will not investigate Miss X’s complaint about a council tax bill for an empty property. This is because it is reasonable for Miss X to use the appeal rights available to her.

London Borough of Wandsworth (18 017 433)

 

Summary: Mr X complains that the Council is seeking to recover overpaid housing benefit. The Ombudsman will not investigate this complaint because the matter has been considered by a court. The original overpayment decision could have been appealed to a tribunal.

London Borough of Haringey (18 018 060)

 

Summary: The Ombudsman cannot investigate this complaint about the amount of housing benefit the Council has awarded to the complainant. This is because the complainant has appealed to the tribunal.

Milton Keynes Council (18 017 698)

 

Summary: Mr B complains about the service provided by the Council’s Neighbourhood Employment Programme. The Ombudsman will not investigate the complaint 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.

London Borough of Hammersmith & Fulham (18 017 995)

 

Summary: The Ombudsman will not investigate Miss B’s complaint about a housing benefit overpayment. This is because it is reasonable to expect Miss B to pursue her right of appeal to the First Tier Tribunal.


 

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