A weekly update on benefits and taxation decisions

London Borough of Lambeth (17 013 708)

Summary: The complainant says the Council failed to properly consider and refer her appeal against a housing benefit decision to the tribunal. The complainant says the delay in dealing with the matter has caused hardship and inconvenience. The Council says it set out its reasons for its decision and invited the complainant to send in a formal appeal, but it did not receive one and so did not refer the matter to the tribunal. The Ombudsman finds the Council acted with fault and recommends the Council decides if it can reinstate housing benefit or refer the complainant’s appeal to the Tribunal.

Blaby District Council (18 016 417)

Summary: Mr X complained about the Council’s handling of his Council tax arrears. The Council was at fault. It failed to tell the bailiffs to put his account on hold while it investigated errors Mr X brought to its attention. This meant the bailiffs carried out an enforcement visit before the Council finished investigating the errors. As a result, Mr X incurred an avoidable enforcement fee. The Council agreed to deduct the enforcement fee from Mr X’s outstanding arrears and issues him with a new bill. The Council also agreed to pay Mr X £100 to acknowledge the frustration and time and trouble he experienced pursuing his complaint.

London Borough of Islington (19 005 683)

Summary: The Ombudsman will not investigate Mr X’s complaint about an overpayment of housing benefit. Mr X is using his right to appeal to the benefit tribunal.

Bournemouth, Christchurch and Poole Council (19 006 282)

Summary: The Ombudsman will not investigate Ms B’s complaint about council tax liability. The Ombudsman is not an appeal body and cannot say whether the property should be listed, or Ms B is liable to pay council tax. It is reasonable to expect Ms B to use her right of appeal to the Valuation Tribunal.

Westminster City Council (19 006 579)

Summary: Mr X complains about the Council’s recovery of an alleged overpayment of housing benefit. The Ombudsman will not investigate Mr X’s complaint. This is because the complaint is late and it was reasonable for Mr X to appeal to the tribunal.

London Borough of Havering (19 006 591)

Summary: We cannot investigate Ms Q’s complaint about the Council’s handling of business rates. This is because the matter has been considered in court.

Chesterfield Borough Council (19 006 697)

Summary: The Ombudsman will not investigate this complaint that the Council is pursuing the complainant for housing benefit overpayments which the complainant says the Council wrote off in 2015. This is because it is a late complaint and because there is insufficient evidence of fault by the Council.

London Borough of Croydon (19 006 717)

Summary: Mr X complains about the Council’s decisions regarding his entitlement to housing benefit. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

London Borough of Brent (19 001 763)

Summary: Mr B complains about the way the Council calculated his council tax bill. However, I have discontinued my investigation as it is late.

Swindon Borough Council (19 004 132)

Summary: The Ombudsman will not investigate this complaint about the annual reassessment of the complainant’s council tax support. This is because there is insufficient evidence of injustice.

Rotherham Metropolitan Borough Council (19 005 905)

Summary: The Ombudsman will not investigate this complaint about action taken by the Council to recover unpaid council tax from the complainant. It is unlikely he would find evidence of fault.

Southend-on-Sea Borough Council (19 006 326)

Summary: Mr X complains about the way the Council calculated his council tax reduction. The Ombudsman will not investigate this complaint because he appealed to a Valuation Tribunal. He may also have a remedy via the Information Commissioner’s Office.

London Borough of Lambeth (19 000 923)

Summary: Mr X complained he was caused distress and frustration when the Council issued him with incorrect council tax bills and passed his debt to an enforcement agency. There was no fault in the Council’s actions.

Birmingham City Council (19 002 623)

Summary: The Ombudsman will not investigate this complaint about council tax exemption for a property damaged by fire. The owners of the property can appeal to the Valuation Tribunal against any decision by the Council on their council tax liability.

Birmingham City Council (19 005 022)

Summary: The Ombudsman will not investigate Mr B’s complaint the Council has increased its council tax empty property premium from 50% to 100%, without carrying out consultation and without considering the reasons why Mr B’s property is empty. The Council’s council tax scheme can only be challenged by judicial review and the Ombudsman cannot achieve the outcome Mr B wants.

Birmingham City Council (19 006 728)

Summary: Mr X complains about the Council’s assessment of his housing benefit and council tax reduction claim and the dates of payment. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal.

Knowsley Metropolitan Borough Council (19 006 876)

Summary: The Ombudsman will not investigate this complaint about the recovery of a council tax reduction overpayment. This is because the Council has decided the complainant does not have to repay the money.

Leicester City Council (18 012 936)

Summary: Mr D complains the Council is seeking payment for council tax he has already paid. And enforcement agents are charging fees, despite the account not being with them. The Ombudsman finds fault that the Council assigned payments Mr D made to the wrong account. But the Council has apologised and made discretionary payments to Mr D’s council tax accounts. So our view is there was no significant unremedied injustice.

Salford City Council (19 001 436)

Summary: The Ombudsman found no fault by the Council on Mr L’s complaint about the way it dealt with his outstanding council tax arrears. This was because Mr L failed to keep to repayment arrangements agreed with the Council.

City of York Council (19 006 721)

Summary: Mr X complains about the Council’s decision to increase council tax. The Ombudsman will not investigate this complaint because this has affected all or most of the population of the Council area.