A weekly update on benefits and taxation decisions

Please note: our decisions are published six weeks 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 Southwark (23 003 698)

Summary: We will not investigate this complaint about Council tax Support as it has been appealed to a tribunal. A complaint about delay in the provision of information has been remedied.

Bristol City Council (23 006 766)

Summary: We will not investigate this complaint about the Council’s alleged failure to reinstate Miss X’s housing benefit. This is because the complaint concerns matters that took place more than 12 months ago and it would have been reasonable for her to have brought them to our attention at the time.

Newcastle upon Tyne City Council (23 006 796)

Summary: We will not investigate this complaint about the Council taking recovery action over non-payment of council tax instalments. There is insufficient evidence of fault which would warrant an investigation.

London Borough of Hounslow (23 007 336)

Summary: We will not investigate this complaint about Council tax support. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Ombudsman cannot investigate a complaint which affects all or most of the population.

London Borough of Barnet (22 007 706)

Summary: We cannot investigate this complaint about housing benefit and council tax support. That is because the matter was considered as part of court proceedings. Therefore, we have no jurisdiction to investigate.

Cheshire East Council (23 000 513)

Summary: Mr X complains the Council took recovery action on a historic Council Tax debt that he was not liable for. The Ombudsman finds fault with the Council for failing to contact Mr X before restarting recovery action. However, no injustice has been caused to Mr X as it would not have changed the action taken.

Calderdale Metropolitan Borough Council (23 004 617)

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax charges. This is because it is reasonable for Mr X to use his right of appeal to the Valuation Tribunal if he disagrees with the council tax charges and his liability. In addition, we cannot investigate as the Council has commenced court proceedings.

Stockton-on-Tees Borough Council (23 006 069)

Summary: We will not investigate this complaint about council tax and discretionary discounts because Miss Y has already appealed to the Valuation Tribunal.

Salford City Council (23 006 533)

Summary: We will not investigate this complaint about a Council tax discount because there was a right of appeal to Valuation Tribunal.

London Borough of Enfield (23 006 681)

Summary: We will not investigate this complaint about Council tax debt because the matter has been remedied and there is a right of appeal to a Valuation Tribunal.

Cambridgeshire and Peterborough Combined Authority (23 006 874)

Summary: We will not investigate this complaint about a mayoral precept charge applied to Mr X’s council tax. This is because it relates to matters that affect all or most residents in Mr X’s area and is therefore outside of our jurisdiction.

Rotherham Metropolitan Borough Council (23 007 118)

Summary: We will not investigate this complaint about Council tax liability because he can appeal to a Valuation Tribunal.

London Borough of Waltham Forest (23 005 747)

Summary: We cannot investigate this complaint about Ms X’s council tax liability and her application for council tax support. This is because she has exercised her right of appeal to the Valuation Tribunal and so the complaint falls outside our jurisdiction and cannot be pursued.

London Borough of Hillingdon (23 006 224)

Summary: We will not investigate this complaint about the Council’s decision to suspend Miss X’s housing benefit and for asking Miss X for more information. This is because there is insufficient evidence of fault. In addition, it is reasonable for Miss X to use her right of appeal to Tribunal.

Bristol City Council (23 006 477)

Summary: We will not investigate this complaint about Council tax reduction as there is a right of appeal to a Valuation Tribunal.

Coventry City Council (23 006 749)

Summary: We will not investigate this complaint about Mr X’s liability to pay council tax. It was reasonable for him to use his right to appeal the matter to the Valuation Tribunal.

Coventry City Council (23 006 426)

Summary: We will not investigate this complaint about council tax liability. There is a right of appeal to the Valuation Tribunal and it is reasonable for Mr X to use this.

Gedling Borough Council (23 008 873)

Summary: We cannot investigate this complaint about the complainant’s Council Tax banding change. This is because the complainant has already used their right to the appeal to the specialist tribunal.

London Borough of Lambeth (22 012 376)

Summary: We will not investigate Ms X’s complaint that the Council wrongly issued her with a Council Tax summons and failed to meet her reasonable adjustments. Further investigation would not achieve anything meaningful.

London Borough of Harrow (22 013 256)

Summary: We will not investigate this complaint about the Council failing to deal with Mr X’s housing benefit or discretionary housing payment claim. We will also not investigate Mr X’s complaint about unpaid council tax being referred to court. This is because there is insufficient evidence of fault by the Council or injustice caused to Mr X regarding some issues and we are satisfied with the action or proposed action by the Council in relation to others. In addition, we cannot consider the commencement or conduct of court proceedings and Mr X could reasonably use his appeal rights regarding the council tax.

Broxbourne Borough Council (23 006 200)

Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Council Tax account and issues dating back to 2017. This is because the complaint is a late complaint and so falls outside our jurisdiction.

Luton Borough Council (23 006 408)

Summary: We cannot investigate this complaint about Mr X’s housing benefit eligibility. This is because he has exercised his right of appeal to a tribunal.