IRRV Alert - week ending 2nd December 2022

News

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 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.

Bedford Borough Council (22 008 170)

Summary: We will not investigate this complaint about the Council’s handling of Miss X’s council tax account as there is insufficient evidence of fault by the Council to warrant our involvement.

London Borough of Havering (22 008 243)

Summary: We will not investigate this complaint about the way the Council processed the complainant’s £150 energy rebate. This is because there is insufficient evidence of fault and injustice.

London Borough of Bromley (22 008 655)

Summary: We will not investigate this complaint about how the Council agreed to support Mr X throughs its Welfare Fund. That is because there is not enough evidence of fault to justify our involvement.

Herefordshire Council (22 008 684)

Summary: We will not investigate this complaint that the Council issued an Attachment of Earnings Order without adjusting the complainant’s account to reflect he had moved and that it did not send the order to the new address. This is because there is insufficient evidence of fault by the Council.

London Borough of Barnet (22 001 582)

Summary: Miss X complains about how the Council dealt with her Council Tax Support backdating application. There were some faults by the Council which caused Miss X distress, frustration and time and trouble. The Council has agreed to remedy the injustice caused.

Brighton & Hove City Council (22 007 514)

Summary: We will not investigate this complaint about the Council’s decision that the complainant must claim housing benefit rather than Universal Credit (housing costs). This is because there is insufficient evidence of fault by the Council and because the complainant could have used her appeal rights. We also cannot investigate the Department for Work and Pensions.

Nottingham City Council (22 007 615)

Summary: We will not investigate this complaint about the way the Council treated Mrs X’s son when it pursued a council tax debt and that the Council inappropriately passed on Mrs X’s address to enforcement agents. This is because of the complaint is late and there are no good reasons to exercise discretion to consider the late complaint. In addition, there is another body better placed to consider the complaint and insufficient evidence of fault to justify an investigation.

London Borough of Barnet (22 008 059)

Summary: We will not investigate this complaint about the Council’s decision to refuse a council tax exemption, incorrectly issuing Mr X with a summons for unpaid council tax, and for breaching the data protection act. This is because the complaint is outside the Ombudsman’s jurisdiction and there is another body better placed to consider Mr X’s complaint. In addition, it is unlikely we would find fault with the Council’s actions.

High Peak Borough Council (22 008 864)

Summary: We will not investigate this complaint about The Council recovering unpaid council tax from Miss X. There is insufficient evidence of fault to warrant an investigation.

London Borough of Barking & Dagenham (22 008 987)

Summary: We will not investigate this complaint about the complainant’s council tax band. This is because there is insufficient evidence of fault by the Council.

Welwyn Hatfield Borough Council (22 009 261)

Summary: We will not investigate this complaint about council tax payment liability. This is because Mr Y has a right to appeal to the Valuation Tribunal and it is reasonable to expect him to use this right.

London Borough of Lewisham (22 006 897)

Summary: We will not investigate this complaint that the Council has not provided proof that the complainant is required to pay council tax. This is because there is insufficient evidence of fault by the Council and because the court issued a liability order which said the complainant must pay the council tax.

Cotswold District Council (22 008 738)

Summary: We will not investigate this complaint about the Council’s recovery of unpaid council tax. There is insufficient evidence of fault which would warrant an investigation.

London Borough of Bexley (22 008 757)

Summary: We will not investigate this complaint about the Council’s decision that the complainant is not eligible for the £150 energy rebate. This is because there is insufficient evidence of fault by the Council.

South Holland District Council (22 008 796)

Summary: We will not investigate Mr X’s complaint the Council made mistakes dealing with his applications for council tax reduction and the Government’s council tax energy rebate. Investigation will not add to what the Council has said in its complaint replies or lead to a different outcome. There is insufficient injustice to investigate the communications.



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