A weekly update on benefits and taxation decisions

London Borough of Hounslow (18 010 578)

Summary: The complaint is about the Council’s recovery action for Council Tax debt. The Ombudsman’s view is, while there is some evidence of fault, any injustice is remedied by the Council’s decision to take the debt back and waive costs.

Tameside Metropolitan Borough Council (18 016 891)

Summary: Mr B complains about the Council’s handling of planning and council tax matters relating to a house he built. Mr B says he could not let or sell the house because of delay by the Council deciding his planning application. Mr B also says the Council wrongly decided he should pay council tax for the property before it was habitable. We have ended our investigation. This is because Mr B had rights of appeal to both the Planning Inspector and the Valuation Tribunal. We consider it was reasonable for Mr B to put in appeals.

London Borough of Havering (18 019 539)

Summary: Miss L complains the Council has treated her unfairly because it is charging her council tax but not her neighbour. She believes this is wrong because they both claim employment support allowance. The Ombudsman will not investigate because she has not experienced a personal injustice.

North Somerset Council (19 000 519)

Summary: Mrs X complained about an overpayment of council tax support which was added to her account in 2018. She says the Council failed to explain its calculations of her benefit which led to the overpayment. The Ombudsman should not investigate this complaint. This is because it was reasonable for Mrs X to appeal the decision on her claim to the Valuation Tribunal.

Epping Forest District Council (19 000 554)

Summary: Ms X complained about a Council officer asking her intrusive questions about her benefit claim in an aggressive manner. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of any fault which has caused injustice to Ms X.

Sandwell Metropolitan Borough Council (19 000 581)

Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to pay housing benefit after the complainant won her appeal to the tribunal. This is because there is insufficient evidence of fault by the Council.

London Borough of Harrow (19 001 135)

Summary: The Ombudsman will not investigate this complaint about deductions from the complainant’s pay to repay a housing benefit overpayment. This is because there is insufficient evidence of fault by the Council and because the complainant could have used his appeal rights.

Horsham District Council (18 009 029)

Summary: Mr B complained about the way in which the Council dealt with a review and appeal regarding his housing benefit claim. We are unable to identify any fault in the Council’s actions.

Leicester City Council (18 013 666)

Summary: Mr X complains the Council did not make appropriate efforts to contact him to recover an overpayment of housing benefit, before applying a direct earnings attachment to his salary. He says this has caused him financial hardship and damage to his reputation. The Council is at fault. There was a delay of over four years in starting recovery action which is likely to have reduced Mr X’s opportunity to repay the money before the Council applied the direct earnings attachment. However, the Council acted appropriately to recover the debt in 2018. The Council has agreed to apologise to Mr X for the lost opportunity. It has also agreed to remind its officers to ensure its letters to customers are accurate and to promptly identify overpayments which need recovery action.

London Borough of Lambeth (18 019 981)

Summary: The Ombudsman will not investigate this complaint about council tax arrears because there is insufficient evidence of fault by the Council. In addition, the complainant could have used his appeal rights.

London Borough of Southwark (19 000 393)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment and rent arrears. This is because there is insufficient evidence of fault by the Council and because the Ombudsman has no power to investigate a council when it is acting as a landlord.

London Borough of Haringey (19 000 605)

Summary: Ms B complains about the Council’s recovery of a housing benefit overpayment debt. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as Ms B knew of the overpayment in 2016 and had appeal rights to the Tribunal she could have used at the time.

London Borough of Lewisham (19 000 811)

Summary: The Ombudsman will not investigate Mr X’s complaint about council tax liability and housing benefit entitlement. Mr X had the right to appeal against the Council’s decision. It is reasonable to expect him to have done so and so the complaint is outside the Ombudsman’s legal remit.

Halton Borough Council (19 000 724)

Summary: Ms X disputes the Council’s assessment of the total amount repaid of a housing benefit overpayment. The Ombudsman will not investigate this complaint because the matter is out of time.

Stockton-on-Tees Borough Council (18 003 515)

Summary: Mrs X complains that the Council handled her application for a discretionary housing payment poorly. She says this caused her an injustice because she has no confidence in the decision-making or review process within the relevant Council department. The Ombudsman considers there has been some fault but the Council has remedied this with an apology.

Epsom & Ewell Borough Council (18 009 932)

Summary: Mr B complains about the Council’s handling of his Council Tax account. He complains about a payment the Council took in 2016. It is too late to look at that payment. Mr B also complains that, due to Council error, he missed a payment. The Ombudsman has considered this issue. There is no evidence of fault by the Council in how it has sought to collect unpaid Council Tax.

Nottingham City Council (18 014 338)

Summary: Mr X complained about the way the Council handled his safeguarding referral to the Council and its failure to take the action it said it would in relation to a claim for housing benefit. There was no fault in the Council’s actions.

Charnwood Borough Council (18 018 576)

Summary: Mr B complains about the Council’s delay in notifying him of outstanding council tax arrears for a property he owns. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council and an investigation is unlikely to lead to a different outcome.