A weekly update on benefits and taxation decisions

London Borough of Wandsworth (19 006 236)

Summary: The Council and its agents were not at fault when Mr X did not receive an enforcement notice. The agents followed the Regulations in posting the notice to Mr X.

Dover District Council (19 007 366)

Summary: Mrs X complained on behalf of Mr and Mrs F. Mrs X complained the Council issued a completion notice for Mr and Mrs F’s new house before it was habitable. This meant Mr and Mrs F became liable for Council tax on the property too early. I discontinued this investigation because Mr and Mrs F have appealed to the Valuation Tribunal.

Corby Borough Council (19 010 482)

Summary: Mr X complains about the way the Council has dealt with his council tax support claims. The Ombudsman will not investigate this complaint because he had a right of appeal to a Valuation Tribunal and there is no evidence of fault by the Council. Further, part of the complaint is out of time.

London Borough of Lewisham (19 010 636)

Summary: Mr X complains that the Council has not accepted his income for housing benefit and council tax support claims. The Ombudsman will not investigate this complaint because the matter has been resolved as the Council has reviewed its decision and he still has a right of appeal to a tribunal.

Doncaster Metropolitan Borough Council (19 010 913)

Summary: The Ombudsman will not investigate this complaint about a council tax reminder which the Council sent in error. This is because there is insufficient evidence of fault and injustice.

Stafford Borough Council (19 011 059)

Summary: The Ombudsman cannot pursue this complaint about whether Miss B is liable for business rates. This is because the question of liability was decided in court.

London Borough of Waltham Forest (19 011 349)

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

Maidstone Borough Council (19 011 698)

Summary: The Ombudsman will not investigate Mr and Mrs A’s complaint that the Council has charged them Council Tax at the full rate for a period when they were not resident at their property and failed to respond to their enquiries in a timely way. This is because it is unlikely we would find fault on the Council’s part.

London Borough of Waltham Forest (19 003 117)

Summary: Ms X complains about a debt of several thousand pounds the Council decided she owed in 2015. She says it was wrong to say she owed it and has not acted properly in its efforts to recover the debt since. The Ombudsman found the Council’s decision it overpaid Ms X’s housing benefit and council tax support happened too long ago for us to investigate now. And its general approach to recovering the debt from Ms X since January 2018 has been without obvious fault. However, there was fault in its actions since issuing its final complaint response to Ms X which caused her a personal injustice and it has agreed to remedy this.

Coventry City Council (19 008 766)

Summary: The Ombudsman will not investigate this complaint about council tax payments. This is because it is unlikely he would find fault by the Council.

Central Bedfordshire Council (19 011 686)

Summary: Ms X complains about delays by the Council in determining her housing benefit. The Ombudsman will not investigate this complaint because she has appealed to a tribunal.

Coventry City Council (19 011 842)

Summary: The Ombudsman will not investigate Mrs X’s complaint about a council tax bill. This is because decisions about council tax bands are made by the Valuation Office which is not part of the Council. It was reasonable for Mrs X to appeal to the tribunal. Also, the Ombudsman has no jurisdiction to investigate matters which have been considered in court.

Coventry City Council (19 012 337)

Summary: The Ombudsman will not investigate Mr X’s complaint about a council tax bill. This is because decisions about council tax bands are made by the Valuation Office which is not part of the Council. It was reasonable for Mr X to appeal to the tribunal. Also, the Ombudsman has no jurisdiction to investigate matters which have been considered in court.

London Borough of Barnet (18 014 644)

Summary: Ms C says the Council was at fault for telling her she did not have to pay council tax in 2015 and then pursuing her for unpaid tax in 2018. The Council was at fault for call-handling errors and for using incorrect email addresses to try to contact her. This fault caused Ms C injustice. The Council has agreed to apologise and waive some of the tax owed.

London Borough of Hillingdon (19 006 627)

Summary: There was fault in the Council’s handling of Ms B’s housing benefit claim which meant she did not receive the benefit to which she was entitled. The Council will apologise, make a payment to her and review its procedures

London Borough of Hillingdon (19 010 865)

Summary: The Ombudsman cannot investigate Ms B’s complaint the Council has issued a backdated council tax bill for an annex she built at her property. It is the Valuation Office Agency rather than the Council that decides whether to include a property in the council tax list and the banding for that property.

Salford City Council (19 011 158)

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

Rochford District Council (19 011 594)

Summary: The Ombudsman will not investigate this complaint about the complainant’s council tax band. This is because there is insufficient evidence of fault by the Council.

Sunderland City Council (19 012 335)

Summary: The Ombudsman will not investigate Mr X’s complaint about a council tax bill. His complaint is about events from the 1990s and is therefore late. There are no good reasons for the Ombudsman to exercise its discretion to investigate. Even if this was not the case, it is unlikely we could carry out a meaningful investigation due to the time that has now elapsed.

London Borough of Enfield (18 008 431)

Summary: Ms X complained the Council incorrectly calculated her housing benefit. She said this caused her stress and financial loss. The Council was at fault for failing to pass Ms X’s request for appeal to the benefits tribunal. It has now agreed to do so.

Northumberland County Council (19 003 333)

Summary: Mr B complains the Council did not consider his individual circumstances when it withdrew his housing benefit and did not tell him about his right of appeal. Mr B says this caused him financial hardship. The Ombudsman has not found fault with the Council. Mr B could have appealed to the Social Entitlement Chamber.

Plymouth City Council (19 003 388)

Summary: There was some fault by the Council. On one occasion, it failed to apply a discount that would have reduced Mr F's Council Tax liability. However, there was no fault in how the Council tried to recover unpaid tax or how bailiffs working on its behalf, acted. The Council has already apologised and adjusted the account and does not need to take further action.

London Borough of Hillingdon (19 009 510)

Summary: Mr X complains that the Council unreasonably pursued enforcement action for non payment of council tax. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

London Borough of Haringey (19 011 075)

Summary: The Ombudsman will not investigate Miss B’s complaint that, when she was signing her new tenancy agreement, the body which manages the Council’s social housing did not tell her to make a new claim for universal credit for housing costs immediately, the Council failed to pay her removal costs and failed to backdate her housing benefit claim. This is because we cannot investigate her complaints about the Council’s social housing management service and it was reasonable to expect Miss B to use her right of appeal if she wanted to challenge the Council’s housing benefit decision.

Birmingham City Council (19 011 119)

Summary: The Ombudsman will not investigate this housing benefit complaint because there is insufficient evidence of fault by the Council and because there is no meaningful outcome he could achieve for the complainant.

Sheffield City Council (19 011 182)

Summary: Mr X complains about the Council’s decision to charge council tax on his empty property. The Ombudsman will not investigate this complaint because he has the right of appeal against any decision to hold him liable for council tax and there is no evidence of fault by the Council.

London Borough of Tower Hamlets (18 015 800)

Summary: The Council delayed and failed to act on information from a housing benefit claimant. It gave wrong information, took money when it should not have and did not advise the claimant of his appeal rights. The Council caused the claimant and his son significant time and trouble. It caused the claimant distress. To put this right the Council will apologise, pay back money it should not have taken and pay him for the time, trouble and distress it caused. It will also provide evidence it has correctly assessed the claim.

London Borough of Lambeth (19 001 878)

Summary: Mrs X complained about the Council failing to properly refund her council tax following a change in banding by the Valuation Office Agency. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Sheffield City Council (19 003 391)

Summary: Mr X complained about the Council sending him a council tax recovery letter warning of enforcement action. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

London Borough of Barnet (19 010 680)

Summary: The Ombudsman will not investigate Mr B’s complaint about his application for Council Tax Support and the Council’s decision not to backdate this. It is reasonable to expect Mr B to use his right of appeal to the Valuation Tribunal.

London Borough of Redbridge (19 009 133)

Summary: The Ombudsman will not investigate this complaint about action taken by the Council in relations to business rates. The complaint is made too late and is about matters the courts have considered.