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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.
Basildon Borough Council (19 017 344)
Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment. This is because the Council has reduced the overpayment and the complainant has fresh appeal rights. In addition, there is insufficient injustice to warrant an investigation.
London Borough of Ealing (19 017 464)
Summary: Mr X complains about the Council’s review of his housing benefit claim. The Ombudsman will not investigate this complaint because he has a right of appeal to a tribunal.
London Borough of Brent (19 017 636)
Summary: The Ombudsman will not investigate Miss Q’s complaint about a housing benefit overpayment. This is because she has a right of appeal to a tribunal.
London Borough of Brent (19 017 637)
Summary: The Ombudsman will not investigate this complaint about the Council’s handling of a discretionary housing payment. It would be reasonable for Miss Q to make a fresh application.
London Borough of Hounslow (19 007 325)
Summary: Miss X complained about the way the Council pursued her for a council tax debt. The Council was at fault when it referred the account to an enforcement agent, even though Miss X was maintaining her payment arrangement. The Council has agreed to pay Miss X £100 to acknowledge the distress caused and to refund the court costs.
South Cambridgeshire District Council (19 017 523)
Summary: The Ombudsman will not investigate Mr X’s complaint about his housing benefit claim. This is because the Council is not responsible for the issue at the heart of his complaint.
London Borough of Southwark (19 018 491)
Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council wrongly charged him for business rates on his business premises. This is because the issue stems from Valuation Office Agency’s decision to list the premises separately rather than any decision by the Council.
Birmingham City Council (19 017 302)
Summary: The Ombudsman will not investigate Mrs X’s complaint about council tax charges raised for her late mother’s property. This is because the Valuation Tribunal is set up to handle the substantive issue in this complaint. It is also unlikely the Ombudsman would add to the previous investigation by the Council and the fault has not caused a significant enough injustice to Mrs X.
Bristol City Council (19 006 858)
Summary: There was fault by the Council. It did not review Mrs B’s care plan or advise her, or her family that she was not entitled to housing benefit (HB) to pay the rent of her flat while she was in residential care. The Council’s shortcomings mean Mrs B incurred a debt she may have otherwise avoided. The Council has made improvements to how it handles these situations. It agreed to refund the amount of overpaid HB to Mrs B’s estate.
London Borough of Tower Hamlets (19 009 711)
Summary: Mrs X complains that the Council has not recorded all her payments of Council tax and has demanded a higher payment of Council tax to clear arrears than she can afford. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
Luton Borough Council (19 014 159)
Summary: Ms X complains that the Council unreasonably delayed pursuing her for a housing benefit overpayment. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.
London Borough of Richmond upon Thames (19 017 092)
Summary: The Ombudsman will not investigate this complaint about the accuracy of council tax bills issued to the complainant. This is because it is unlikely he would find any fault by the Council warranting investigation or that any injustice has been caused.
Maidstone Borough Council (19 017 749)
Summary: Ms X complains that the Council has held her liable for Council tax on a property. The Ombudsman will not investigate this complaint because this could be appealed to a Valuation Tribunal. Any question of bankruptcy and liability is a matter for the courts
London Borough of Harrow (19 017 793)
Summary: Mr X complains that the Council removed a Council tax discount he previously received. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.
North Tyneside Metropolitan Borough Council (19 017 129)
Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council made errors with her housing benefit and council tax support claim but failed to look at it again. This is because it was reasonable to expect Mrs B to pursue her right of appeal to the First Tier Tribunal and the Valuation Tribunal.
Liverpool City Council (19 017 136)
Summary: The Ombudsman will not investigate Mr X’s complaint about his council tax bill. This is because the complaint is late, and if Mr X disputed the amount owed, it was reasonable for him to appeal to the Valuation Tribunal.
Newcastle upon Tyne City Council (19 017 718)
Summary: Mr X complains about the way the Council dealt with his complaint about a refund. The Ombudsman will not investigate this complaint because the Council’s proposed remedy is satisfactory.
Manchester City Council (19 008 269)
Summary: Mr X complains the Council failed to respond to his request for a repayment plan and wrongly told him an instalment of Council Tax would not be deducted. The Council responded to Mr X’s request for a repayment plan in 2016 and offered a repayment plan to him in 2017. The Council is at fault as it wrongly told Mr X that the July 2019 instalment of Council Tax would not be deducted from his account. Mr X was caused distress by the fault which the Council has agreed to remedy by making a payment of £100 to him.
Birmingham City Council (19 015 146)
Summary: The Ombudsman will not investigate Mr B’s complaint about disputed liability for council tax. Mr B has a right of appeal to an independent tribunal and it is reasonable to expect him to use this.
Guildford Borough Council (19 015 794)
Summary: The Ombudsman will not investigate Ms B’s complaint the Council has sent a council tax demand although she is a full-time student. Ms B has a right of appeal to an independent tribunal and it is reasonable to expect her to use this.
London Borough of Waltham Forest (19 016 957)
Summary: The Ombudsman will not investigate this complaint that the Council has failed to refund council tax of £17.87. This is because there is insufficient evidence of fault and injustice. In addition, it is unlikely he could add to the Council’s response.
Durham County Council (19 017 119)
Summary: Ms B and Mr X complain about the way the Council has dealt with Ms B’s council tax liability for her second property and about its communication with them in connection with this matter. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council sufficient to warrant an investigation.
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