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.

Birmingham City Council (21 014 386)

Summary: Mr B complained that the Council had repeatedly tried to recover a housing benefit overpayment from him since 2015, despite agreeing he did not owe the money. In 2021 it recovered some of the debt directly from his wages and then delayed in refunding the money, causing Mr B frustration, distress and time and trouble. We found the Council at fault. It has agreed to pay Mr B £400 and to improve its recovery procedures for the future.

Walsall Metropolitan Borough Council (21 018 195)

Summary: We will not investigate this complaint that the Council says the complainant must pay full council tax even though he gets pension credit. This is because there is insufficient evidence of fault by the Council.

London Borough of Lambeth (22 001 388)

Summary: We will not investigate this complaint that the Council did not send a council tax summons to the correct address. This is because there is insufficient evidence of fault by the Council and because the complainant could complain to the Information Commissioner.

Sandwell Metropolitan Borough Council (21 012 086)

Summary: Mr X complained about the Council’s handling of his council tax account. We found fault by the Council, including avoidable delay and taking council tax recovery action after Mr X appealed to the Valuation Tribunal. Mr X experienced avoidable distress and unnecessary time and trouble before the Council adjusted his council tax bill to show a credit balance. To put matters right, the Council agreed to apologise to Mr X, pay £ 450 in recognition of his distress, time and trouble and refund his council tax credit.

Buckinghamshire Council (21 018 892)

Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s handling of their housing benefit and council tax support accounts. The Council has taken appropriate action by sending two overpayment of housing benefit appeals to the Social Security Tribunal. It has written off part of the council tax debt and is willing to consider a request to write off the remaining debt.

South Lakeland District Council (22 001 252)

Summary: We will not investigate this complaint that the Council failed to issue a council tax refund. This is because there is insufficient evidence of fault by the Council.

Birmingham City Council (22 001 808)

Summary: We will not investigate this complaint about housing benefit overpayment which dates from 2009 to 2014. Mr X has or had the right to appeal to a tribunal against overpayment of housing benefit which it would have been reasonable to expect him to use. Additionally, we cannot investigate a complaint which is made to us more than 12 months since Mr X became aware of the issue being complained of, unless there is a good reason to exercise discretion to do so.

Birmingham City Council (22 002 193)

Summary: We will not investigate this complaint about Business Rates liability as this is a matter for the courts and the Information Commissioner’s Office.

London Borough of Barnet (22 002 602)

Summary: We will not investigate this complaint about a late demand for council tax as the Council has remedied the matter.

Tameside Metropolitan Borough Council (22 002 608)

Summary: We will not investigate this complaint about a council tax reduction request because he has appealed to a tribunal.

Medway Council (22 001 405)

Summary: We will not investigate this complaint that the Council wrongly charged the complainant for council tax. This is because it is not unreasonable to expect her to have used her right of appeal against the Council’s decision on her council tax liability.

London Borough of Redbridge (22 001 537)

Summary: Ms X complains about Council enforcement of council tax arrears and the amount of those arrears. The Ombudsman will not investigate this complaint because the matter is out of time and has been considered in court and could be appealed to a Valuation Tribunal.

Middlesbrough Borough Council (21 015 543)

Summary: Mr B complained the Council failed to sufficiently support his business both when refusing a grant to support the business during the COVID-19 pandemic and more generally. We do not uphold the complaint finding no fault by the Council.

St Albans City Council (22 001 656)

Summary: We will not investigate Mr X’s complaint about the Council’s refusal to award him small business rates relief. This is because the issue is more appropriate for consideration by the courts.

Dover District Council (22 002 498)

Summary: We will not investigate Mr B’s complaint about a council tax reduction decision. This is because it is reasonable for Mr B to appeal to the Valuation Tribunal.

North East Derbyshire District Council (22 001 685)

Summary: We will not investigate this complaint about the Council cancelling Miss X’s claim for council tax reduction. This is because it is reasonable to expect Miss X to have appealed against the Council’s decision.

London Borough of Haringey (22 002 259)

Summary: We will not investigate this complaint about council tax. This is because it is reasonable to expect Mr Y to appeal to the Valuation Tribunal.