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.

Boston Borough Council (18 018 353)

Summary: The Council continually asked Mr X for information for his housing benefit and council tax support claims. It made errors in its decisions and asked for information Mr X had already given or it did not need. It did not give Mr X a decision on his review request. The Council’s action mean it has not paid Mr X’s claims since December 2016. It has put Mr X to considerable distress, including council tax enforcement action. To put this right the Council will reassess the claims from December 2016 using the correct information. It will also make a significant payment for the distress it caused Mr X.

London Borough of Havering (19 008 128)

Summary: Ms C complains about how the Council managed her housing and council tax benefits, causing her financial hardship. However. that the Ombudsman has found no evidence of fault in how the Council dealt with the issues raised by Ms C.

London Borough of Waltham Forest (19 008 395)

Summary: Mr X complained about the Council’s recovery of council tax arrears from his mother and its refusal to share information with him. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Norwich City Council (19 012 445)

Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to backdate the complainant’s Council Tax Support for more than two months. This is because there is insufficient evidence of fault by the Council.

Salford City Council (19 013 306)

Summary: The Ombudsman will not investigate this complaint about the way the Council handled the complainant’s council tax. This is because there is insufficient evidence of injustice to warrant an investigation.

Slough Borough Council (19 014 148)

Summary: The Ombudsman cannot investigate Mr X’s complaint about his housing benefit. This is because he has appealed to the Tribunal and so the complaint is outside our jurisdiction.

London Borough of Lambeth (18 017 938)

Summary: Mr Y complains on behalf of Ms X that the Council is pursuing her for council tax she does not owe. In September 2018, Ms X sent a letter and cheque to the Council to cover her council tax liability at a sold property. The Council cashed the cheque but lost the letter and did not act on the information in it. As a result Ms X has been put to avoidable time and trouble trying to resolve the situation.

Havant Borough Council (19 006 551)

Summary: Mr D complains that the Council failed to pay housing benefit direct to him as landlord when his tenant fell into rent arrears. The Ombudsman finds no fault on the Council’s part.

London Borough of Tower Hamlets (19 013 105)

Summary: The Ombudsman will not investigate Mr B’s complaint that the Council is attempting to recover council tax he does not owe. This is because Mr B has the right to appeal to the Valuation Tribunal and it would be reasonable for him to do so.

London Borough of Brent (19 013 116)

Summary: The Ombudsman will not investigate Ms B’s complaint that the Council has miscalculated her entitlement to housing benefit and has decided she has been overpaid. This is because Ms B may appeal to the Social Entitlement Chamber and it would be reasonable for her to do so.

London Borough of Harrow (19 011 451)

Summary: The Ombudsman will not investigate this complaint about the way the Council notified the complainant of his Council Tax liability as a landlord of a rental property. The Council has proposed action which is a satisfactory way to address the complaint.

Manchester City Council (19 013 238)

Summary: The Ombudsman will not investigate Mr B’s complaint that the Council could have been more helpful with the advice it gave to him about business rates and it could have handled his case differently. This is because it is unlikely we would find fault by the Council.

West Berkshire Council (19 013 849)

Summary: The Ombudsman will not investigate Mr X’s complaint about his Council Tax bill and entitlement to Council Tax Support. This is because it is reasonable for Mr X to appeal to the tribunal.

Rushcliffe Borough Council (19 006 480)

Summary: the Council was at fault because it did not send council tax notices to the new address Ms K had given. This led to a visit by enforcement agents causing Ms K distress. The Ombudsman considers the Council has provided an appropriate remedy.

Corby Borough Council (19 012 468)

Summary: Mrs X complains that the Council has decided to recover an overpayment of housing benefit and to seek payment of Council tax from 16 years prior. The Ombudsman will not investigate this complaint because she has appealed to a tribunal.

Wycombe District Council (19 014 397)

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s recovery of housing benefit. This is because if Mr X wanted to challenge the Council’s decision it was reasonable for him to appeal to the tribunal.