IRRV Alert - week ending 15th May 2020
News
Circulars
Publicity
New benefits and taxation decisions
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A weekly update on benefits and taxation decisions |
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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. Wirral Metropolitan Borough Council (19 004 179)
Summary: Miss B and Mr C complained that the Council refused to refund payments recovered from a debt which had been included in an Individual Voluntary Arrangement. We find fault in the Council’s actions: it did not appeal against the outcome of the IVA but neither did it abide by the terms of the IVA and continued to recover the debt. The Council has agreed to refund the payments to the Insolvency Practitioner. Calderdale Metropolitan Borough Council (19 016 098)
Summary: The Ombudsman will not investigate this council tax complaint because there is insufficient evidence of fault by the Council. Wyre Forest District Council (19 011 977)
Summary: Mr X complained about the Council’s incorrect advice concerning his application and appeal for an empty property exemption. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of injustice caused to Mr X which would warrant an investigation. Stockport Metropolitan Borough Council (19 015 600)
Summary: Mr X complains that the Council has not recorded his payments towards his Council tax arrears which led to bailiff costs. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council. Sunderland City Council (19 015 849)
Summary: The Ombudsman will not investigate this complaint about delay by the Council in issuing a final council tax bill. This is because there is insufficient evidence of injustice. London Borough of Bexley (19 016 150)
Summary: The Ombudsman will not investigate this complaint about the Council’s decision not to award a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council. City of York Council (19 009 705)
Summary: There is no fault in the Council’s decision to stop housing benefit when a related benefit claim was cancelled. The Council wrote to tell Mr B of the cancelled claim and overpayment but did not receive a response or appeal against the decision that he should repay the overpayment. London Borough of Havering (19 015 228)
Summary: The Ombudsman will not investigate this complaint about council tax arrears and an attachment of earnings order. This is because it is a late complaint and because there is insufficient evidence of fault by the Council. Bolton Metropolitan Borough Council (19 016 015)
Summary: Mr P complained the Council is seeking business rates on his property without explanation. The Ombudsman cannot investigate this complaint because the matter has been considered in court. Birmingham City Council (19 015 326)
Summary: The Ombudsman will not investigate Miss X’s complaint about her council tax bill. This is because if Miss X disputes the amount owed it is reasonable for her to appeal to the Valuation Tribunal. Salford City Council (19 015 771)
Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s refusal to give him council tax support or a council tax exemption. This is because the matter has been resolved to Mr Q’s satisfaction. Sunderland City Council (19 016 155)
Summary: The Ombudsman will not investigate this complaint about council tax liability and an attachment of earnings. This is because it would be reasonable for Mr D to appeal to the Valuation Tribunal if he remains unhappy with the Council’s decision. Durham County Council (19 017 657)
Summary: Ms X complains about the Council’s refusal to award a Discretionary Hardship Payment (DHP). The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council. London Borough of Barking & Dagenham (19 017 902)
Summary: Mr X complains that the Council has not correctly applied an exemption to his Council Tax bill. The Ombudsman will not investigate this complaint because it is reasonable for Mr X to appeal to the Valuation Tribunal. Sheffield City Council (19 015 394)
Summary: Mr B complains about the Council’s assessment of his liability for council tax and his entitlement to council tax support. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as Mr B had appeal rights to the Valuation Tribunal. Runnymede Borough Council (19 016 189)
Summary: The Ombudsman will not investigate this complaint that the complainant did not receive a council tax reminder and had to pay court costs. This is because there is insufficient evidence of fault by the Council and because the costs have been confirmed in court.
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