A weekly update on benefits and taxation decisions

Manchester City Council (19 011 961)

Summary: The Ombudsman will not investigate this complaint about historic council tax arrears. This is because the complainant can appeal to the Valuation Tribunal and because it is a late complaint.

Maldon District Council (19 012 007)

Summary: The Ombudsman will not investigate this complaint about council tax for a property that the complainant inherited from her late mother. This is because the complainant could have appealed to the Valuation Tribunal.

Shropshire Council (19 012 051)

Summary: The Ombudsman will not investigate Mr X’s complaint about a demand for council tax. This is because we cannot consider complaints about the Valuation Office Agency, there is not enough evidence of fault by the Council, and it is reasonable for Mr X to appeal to the Valuation Tribunal.

Mid Sussex District Council (19 011 227)

Summary: Ms X complains that the Council unreasonably obtained a Liability Order for unpaid council tax. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council and there was a right of appeal to a tribunal for any housing benefit dispute.

London Borough of Barnet (19 011 254)

Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s handling of her council tax account. This is because the Council has now taken appropriate steps to resolve matters and there are insufficient grounds outstanding to warrant an investigation.

Herefordshire Council (19 011 711)

Summary: Ms X complains about the Council’s decision to refuse her council tax support and delaying her new claim. The Ombudsman will not investigate this complaint because there was a right of appeal to a tribunal against the original decision and there is no evidence of fault in the later claim.

Sheffield City Council (19 011 731)

Summary: The Ombudsman will not investigate this complaint from a landlord about his tenant’s housing benefit. This is because he cannot achieve the outcome the complainant would like.

Leeds City Council (19 012 079)

Summary: Mr X complains about the Council’s assessment of his housing benefit and council tax support payment and its decision to recover an overpayment of housing benefit from him. The Ombudsman will not investigate this complaint because he has a right of appeal against these decisions to a tribunal.

North Tyneside Metropolitan Borough Council (19 012 254)

Summary: Mr X complains about his rent and the need for repairs in his new property. The Ombudsman will not investigate this complaint because these are matters for the Housing Ombudsman. A complaint about delay in paying housing benefit has been resolved without evidence of fault by the Council.

Cheshire West & Chester Council (19 012 280)

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

London Borough of Hackney (19 010 632)

Summary: Mrs X complains that the Council assessed her housing benefit incorrectly. The Ombudsman will not investigate this complaint because she appealed successfully against the decision.

Boston Borough Council (19 012 519)

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

London Borough of Southwark (19 008 239)

Summary: Mr X complained about the way the Council handled his housing benefit. The Council was at fault for poor communication about the housing benefit issues and a delay in reviewing one of the decisions. It will apologise and pay Mr X £150 for the time and trouble and inconvenience caused. The Council was not at fault for making multiple decisions for overlapping periods of time.

London Borough of Waltham Forest (19 011 751)

Summary: Ms X complains about the Council’s decision to recover an overpayment of housing benefit. The Ombudsman will not investigate this complaint because she had the right of appeal to a tribunal and the matter is out of time.

Slough Borough Council (19 012 016)

Summary: Mrs X complains that the Council has held her liable for council tax and backdated the liability. The Ombudsman will not investigate this complaint because there is a right of appeal to a tribunal.

South Oxfordshire District Council (19 005 174)

Summary: Miss X complained the Council wrongly made deductions from her housing benefit entitlement for a housing benefit overpayment when there was a formal agreement with creditors to pay her debts. There is no fault in the way the Council has sought to recover the debt from Miss X. If Miss X disputes the Council’s interpretation of the law and guidance it is open to her to seek her own legal advice. The Ombudsman cannot make a finding on a point of law.

Coventry City Council (19 011 599)

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

Winchester City Council (19 011 622)

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

Pendle Borough Council (19 011 649)

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to hold him liable for council tax. This is because it would have been reasonable for Mr X to appeal, first to the Council and then to the Valuation Tribunal.

Nuneaton & Bedworth Borough Council (19 011 712)

Summary: Subject to any comments Mr A might make, my view is that the Ombudsman cannot investigate his complaint about the Council’s decision that it would cancel his housing benefit and council tax support. This is because Mr A has now used his right to appeal to the Tribunal Service.

Sandwell Metropolitan Borough Council (19 000 625)

Summary: Mr B complains about the way the Council has dealt with the council tax arrears he owes. The Council appears at fault for not exploring other recovery options before referral of Mr B’s debt to enforcement agents. The Council’s refusal to recall the debt when Mr B told it about his partner’s vulnerability is fault. The Council has agreed to write off the debt with the enforcement agents in recognition of the avoidable distress caused to Mr B and his family.

Hartlepool Borough Council (19 005 396)

Summary: Mr X complains about the Council’s refusal to award him council tax support which he says he qualifies for. The Ombudsman should not investigate this complaint. This is because it was reasonable for him to appeal to the Valuation Tribunal which is the proper authority to decide appeals about council tax discounts and exemptions. Mr X appealed to the Tribunal, but it was dismissed.

Westminster City Council (19 012 409)

Summary: The Ombudsman will not investigate Miss X’s complaint about how the Council dealt with her housing benefit claim. This is because the Council has accepted it made mistakes and has offered a payment of £150. It is unlikely an investigation by the Ombudsman would achieve anything more. Also, if Miss X disputes the Council’s decision about an overpayment, it is reasonable for her to appeal to the tribunal.

Birmingham City Council (18 013 557)

Summary: Mr B complains about how the Council has communicated with the Valuation Office Agency about whether his properties should be liable for business rates, rather than council tax. And about the enforcement action the Council has taken. The Ombudsman’s view is the Valuation Office Agency decides liability. And it is not within the Ombudsman’s jurisdiction. We do find some fault with the enforcement action and have agreed remedies with the Council. But the faults did not lead to Mr B’s claimed injustice.