IRRV Alert - week ending 4th December 2020

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New benefits and taxation decisions

 

 

 

 

 

 

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local government and social care ombudsman

 

benefits and taxation

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.

City of Bradford Metropolitan District Council (20 001 261)

 

Summary: The Ombudsman will not investigate Mrs X’s complaint about a business grant and business rates. There is not enough evidence the Council was at fault.

Royal Borough of Greenwich (20 002 579)

 

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council underpaid him housing benefit in 2016-17. This is because it is reasonable to expect Mr X to have appealed to the tribunal and the complaint is late and there are no good reasons to consider it now.

Derby City Council (20 002 993)

 

Summary: The Ombudsman cannot investigate this complaint about the Council’s decision that the complainant is liable for the council tax on a property from 2016 to 2019. This is because the complainant appealed to the Valuation Tribunal and because the debt has been confirmed in court.

City of London (20 000 916)

 

Summary: Mr B complained to us that the Council did not provide his business with a small business grant as part of help provided to businesses to cope with the impact of Covid19. The Council subsequently paid a grant to Mr B’s business. Consequently, he has withdrawn his complaint and we have discontinued investigation in accord with his wishes.

London Borough of Hounslow (19 016 066)

 

Summary: Mr X complained the Council took enforcement action against him in 2019 for a council tax debt at a property he had sold in 2016. The Council was not at fault. It dealt with the council tax arrears and the enforcement agents applied fees and carried out a visit in line with the law. The Council closed the case and cancelled all fees therefore Mr X has not suffered any financial loss.

Salford City Council (19 017 745)

 

Summary: Mr X complained about the Council failing to send him council tax bills and court summonses until it was too late for him to apply for council tax support. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council which would warrant an investigation.

Birmingham City Council (20 002 537)

 

Summary: The Ombudsman will not investigate this complaint about liability for council tax. This is because the complainant could have appealed to the Valuation Tribunal.

Bromsgrove District Council (20 002 738)

 

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment. This is because the complainant could have appealed to the tribunal.

Sandwell Metropolitan Borough Council (19 004 593)

 

Summary: Miss B complained of difficulties in contacting the Council regarding her council tax arrears. We find the Council failed to respond to the information she provided in June 2019 and also to her complaint about the matter in July 2019. The Council has agreed to determine her application for discretionary relief and pay her £200.

Warrington Council (19 015 133)

 

Summary: Mr B complained that the Council took too long to set up his direct debit which caused him to fall behind with his council tax payments and then took a large payment without informing him. We are unable to find fault with the Council’s actions in respect of Mr B’s council tax account. There was some delay in responding to his complaint, but the Council has agreed to refund the summons’ costs once Mr B pays the arrears, which is an adequate remedy.

Liverpool City Council (19 021 223)

 

Summary: Mrs X complained about the Council’s delay in paying her tenant’s housing benefit direct to her after the rent account became more than 8 weeks in arrears. The Ombudsman should not investigate this complaint. This is because the Council has paid the overdue benefit, and this is a reasonable remedy to her complaint.

Bristol City Council (19 016 235)

 

Summary: Mrs X complained about the Council’s decision to decline her application for Discretionary Housing Payment. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.


 

 
 
 
 

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