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.

London Borough of Haringey (19 019 060)

Summary: The Ombudsman will not investigate this complaint. This is because the complainant was able to exercise appeal rights, putting the complaint out of the Ombudsman’s jurisdiction.

Plymouth City Council (19 019 249)

Summary: Mr X complains that the Council has held him liable for council tax on a previous property. The Ombudsman will not investigate this complaint because he could appeal to a Valuation Tribunal.

Royal Borough of Greenwich (18 011 395)

Summary: Ms E complains about how the Council has enforced an old council tax debt. We question whether the Council correctly issued the summons. And, in any case, Ms E can no longer get records to prove her assertion she paid the debt at the time. So, our view is it is not fair to now collect the debt.

London Borough of Haringey (19 005 483)

Summary: The complainant says the Council added enforcement agent fees when he had paid his council tax. The Ombudsman finds the Council is at fault. The Council has agreed a suitable remedy.

North Norfolk District Council (19 009 731)

Summary: The Council has confirmed it made errors in its calculation of the Council Tax owed by the owners of a number of holiday chalets. However, the complainant has not been disadvantaged by this. For this reason, the Ombudsman has discontinued his investigation.

East Hertfordshire District Council (19 018 098)

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council wrongly took legal action against him when he had paid his council tax. The Council has apologised for its fault and cancelled the costs of the court summons. There is no remaining injustice.

Royal Borough of Greenwich (19 019 035)

Summary: The Ombudsman will not investigate Miss X’s complaint about an alleged overpayment of housing benefit. This is because Miss X’s complaint is late, and it was reasonable for Miss X to have appealed to the tribunal.

London Borough of Lewisham (18 017 068)

Summary: Mr X complained on behalf of his friend Ms Y about the Council’s decision to evict and discharge its housing duty to Ms Y in November 2018. He also complained the Council failed to respond to his appeals about decisions around Ms Y’s housing benefit. Ms Y had a statutory right of review around the Council’s decision to discharge its housing duty and it was open to her to use that right. Therefore, I have not investigated that matter any further. The Council was at fault for failing to formally respond to Mr X’s appeals on behalf of Ms Y and for failing to pass them to the tribunal. The Council has now reconsidered the appeals and has formally written to Ms Y explaining its decisions which is an appropriate remedy.

London Borough of Ealing (19 017 436)

Summary: The Ombudsman will not investigate Ms X’s complaint about her housing benefit and council tax. This is because much of the complaint is late. There were appeal rights available to Ms X and it was reasonable for her to use them. Fresh appeal rights will be available to Ms X if she disagrees with the Council’s most recent decision. There is no reason she should not use them.

Telford & Wrekin Council (19 017 756)

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council’s contact with him about the non-payment of council tax by a person who occupies Mr X’s property, was bullying. This is because it is unlikely we will find fault by the Council and we cannot achieve the outcome Mr X seeks.

Walsall Metropolitan Borough Council (19 018 987)

Summary: Mr B complains about the Council taking enforcement action against him for council tax arrears. The Ombudsman will not investigate the complaint because past events fall outside our jurisdiction and there is no evidence of fault in the more recent action the Council has taken.

Tamworth Borough Council (19 006 686)

Summary: the complainant says the Council failed to properly calculate a refund of council tax, explain its calculation or comply with the complaints’ procedure. The Council recognised its fault but says it paid the refund promptly. The Ombudsman finds the Council at fault.

Birmingham City Council (19 017 696)

Summary: Ms X complains that the Council is holding her liable for Council Tax for a property she never lived in. The Ombudsman will not investigate this complaint because it is reasonable for Ms X to exercise her right of appeal to the Valuation Tribunal.

Tendring District Council (19 017 830)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment. This is because the complainant could have appealed to the tribunal and because there is insufficient evidence of fault by the Council.

London Borough of Croydon (19 016 932)

Summary: The Ombudsman will not investigate Ms B’s complaint about council tax liability and the way the Council contacted her and then dealt with her complaint. It is reasonable to expect Ms B to use her right of appeal to the independent Valuation Tribunal if she disputes the Council’s decision on her liability. And further consideration of Ms B’s remaining complaints would not achieve any more for her.

London Borough of Richmond upon Thames (19 017 206)

Summary: The Ombudsman will not investigate this complaint that the Council wasted the complainant’s time by saying he would qualify for council tax reduction. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice. In addition, the complainant could have appealed to the Valuation Tribunal.

London Borough of Barnet (19 018 521)

Summary: The Ombudsman will not investigate Miss B’s complaint about the Council’s decision on her application for a discretionary housing payment. This is because there is insufficient evidence of fault in the Council’s decision-making process.

Dudley Metropolitan Borough Council (19 018 546)

Summary: The Ombudsman will not investigate Miss X’s complaint about a disputed council tax debt. This is because it is reasonable for Miss X to appeal to the Valuation Tribunal.