A weekly update on benefits and taxation decisions

Please note: our decisions are published three months after they are issued to councils, care providers and the person who has made the complaint. The cases below reflect the caselaw and guidance available at the time of issue and the individual circumstances of each case.

South Derbyshire District Council (19 007 513)

Summary: Mr C complains about the way the Council dealt with his council tax account and says he suffered distress and spent time and trouble in trying to resolve the matter. The Ombudsman has found fault by the Council but considers the actions it has already taken provide a satisfactory remedy.

Manchester City Council (19 012 778)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment. This is because the complainant could have used his appeal rights and because it is a late complaint.

Sandwell Metropolitan Borough Council (18 017 304)

Summary: Ms C complains about the way the Council treated overpayments she made to her council tax account and dealt with her subsequent complaint. Ms C says the Council wrongly took recovery action which caused her upset and she spent unnecessary time and trouble in trying to resolve the matter. The Ombudsman has found fault by the Council in the way it responded to Ms C’s complaint and a missed opportunity to avoid further recovery action but considers the agreed actions including an apology, £200 and full explanation are enough to provide a suitable remedy.

Cherwell District Council (19 008 314)

Summary: Mr X complained about the Council’s recovery of unpaid council tax from previous accounts and a housing benefit overpayment generated in 2017. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it concerns matters which he was aware of more than 12 months before he submitted his complaint. These matters were subject to a right of appeal to an independent tribunal when the Council informed him in 2017.

Bournemouth, Christchurch and Poole Council (19 012 102)

Summary: The Ombudsman will not investigate this complaint about a council tax charge for which the complainant was not responsible. This is because the Council has reversed its decision and issued a refund.

London Borough of Tower Hamlets (19 012 524)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment which arose in 2012. This is because it is a late complaint, the complainant could have used her appeal rights and because there is insufficient evidence of fault by the Council.

Calderdale Metropolitan Borough Council (19 006 157)

Summary: Mr B complained the Council delayed billing him for council tax. The Council’s late billing happened because the Valuation Office backdated a change in banding. The Council told the Valuation Office of the works following their completion. The issue of late bills is therefore not due to fault by the Council.

Calderdale Metropolitan Borough Council (19 006 416)

Summary: Ms X complains the Council has mishandled her council tax account. The evidence shows Ms X has arrears of over £2,000 and the Council has taken action to recover this. There is no evidence of fault in the Council’s actions.

London Borough of Croydon (19 006 659)

Summary: Mr X complained about the Council’s recovery of unpaid council tax debts from 2010. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it was reasonable for him to appeal to the Valuation Tribunal which is the proper authority to consider appeals against council tax liability.

Derby City Council (19 012 136)

Summary: Mr X complains about the Council’s handling of his Business Rates liability. The Ombudsman will not investigate this complaint because this is a matter for the courts.

South Tyneside Metropolitan Borough Council (19 012 553)

Summary: The Ombudsman will not investigate Miss A’s complaint about the empty property premium the Council has applied. This is because we cannot achieve the outcome Miss A wants.

London Borough of Bromley (19 012 738)

Summary: Ms X complains about the way the Council has dealt with her council tax liability. The Ombudsman will not investigate this complaint because the matter has been remedied and there remains a right of appeal to a Valuation Tribunal.

London Borough of Camden (19 012 981)

Summary: We cannot investigate this complaint about the Council’s decision not to award Miss Q housing benefit. This is because she has appealed to a tribunal.

Middlesbrough Borough Council (19 011 784)

Summary: The Ombudsman will not investigate Ms B’s complaint about advice she received in 2014 and overpayments of housing benefit and council tax support. The complaint is late and there are no good reasons for the Ombudsman to exercise his discretion and now investigate.

Sevenoaks District Council (19 012 002)

Summary: The Ombudsman will not investigate Mr D’s complaint the Council has taken advantage of his bankruptcy to secure payment of a disputed amount of outstanding council tax. The Ombudsman cannot make decisions about liability for council tax and cannot consider the actions of the trustee in making the payment to the Council.

Kirklees Metropolitan Borough Council (19 012 689)

Summary: The Ombudsman will not investigate Mr X’s complaint about charges added to his council tax account. This is because the complaint is made late and there are not good reasons to investigate now.

Royal Borough of Greenwich (19 005 565)

Summary: Ms B complains the Council invoiced her for overpayment of housing benefit. Ms B says the Council has charged her for money it did not pay her and has not properly explained why. She says the Council took enforcement action and did not place the matter on hold after she complained. The Ombudsman finds fault in how the Council has responded to Ms B.