IRRV Alert - week ending 23rd October 2020
News
Consultations
Reports
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. London Borough of Hillingdon (19 015 431)
Summary: Mrs X complained the Council failed to apply a council tax exemption when her property was fire damaged. The Council applied the correct council tax discounts in line with its policy. Mrs X was not legally prohibited from living at the property so the Council could not award an exemption on that basis. The Council was not at fault. London Borough of Harrow (19 021 202)
Summary: Miss X complained about the Council’s assessment of her council tax support claim and its recovery of arrears. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it is reasonable for Miss X to appeal to the Valuation Tribunal about the amount of her support. There is insufficient evidence of fault by the Council in its recovery actions which would warrant an investigation. Central Bedfordshire Council (19 021 126)
Summary: The Ombudsman will not investigate Mr X’s complaint about how it managed and refunded an amount on his council tax account. This is because the Council has already provided an appropriate remedy and it is unlikely that an investigation would achieve a different outcome. Lichfield District Council (20 000 569)
Summary: The Ombudsman will not investigate Mr C’s complaint the Council gave the Valuation Office Agency the wrong information about his business. This is because the injustice he suffered did not arise from the Council’s actions. London Borough of Haringey (20 000 873)
Summary: The Ombudsman cannot investigate this complaint about council tax liability because the complainant appealed to the Valuation Tribunal and because there is insufficient evidence of fault by the Council. Thanet District Council (20 000 971)
Summary: Mr X complains the Council did not collect payments for council tax after it made an error setting up his direct debit. This meant it took no payment for nine months leaving Mr X with a large debt to clear. The Ombudsman will not investigate as there is insufficient injustice caused to Mr X and he cannot add to what the Council has already said. Huntingdonshire District Council (20 000 807)
Summary: The Ombudsman will not investigate Mr X’s complaint that his council tax bill is wrong as the Council has now rectified this. Wigan Metropolitan Borough Council (19 011 046)
Summary: Miss C says the Council wrongly told her she was entitled to a six-month exemption for council tax from the date of her mother’s death when the Council knew the exemption did not apply as the estate was not subject to probate. There is no evidence the Council gave Miss C wrong information. The Council delayed contacting Miss C, delayed issuing a bill and wrongly issued a reminder when it should have known it needed to issue a new bill. That caused Miss C distress and led to her going to time and trouble to pursue the complaint. An apology is satisfactory remedy. Leicester City Council (19 018 432)
Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s decision to reject her application for Discretionary Housing Payment. This is because there is insufficient evidence of fault in the way the Council reached its decision to warrant an investigation. Ms X also complained about the Council’s decision to reject her application for Council Tax Discretionary Relief. The Ombudsman will not investigate this part of the complaint because the Council has agreed to my recommendations to take appropriate and proportionate action to remedy the injustice to Ms X. Norwich City Council (19 020 359)
Summary: The Ombudsman will not investigate this complaint about council tax payments taken after the complainant sold a property. It is unlikely he would find fault by the Council caused the complainant significant injustice. Northampton Borough Council (20 000 061)
Summary: A landlord complained about the way the Council dealt with council tax issues relating to his property. But the Ombudsman will not investigate this matter because there is no sign of fault by the Council.
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