IRRV Alert - week ending 16th December 2022
News
Circulars
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 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. Manchester City Council (22 003 854)
Summary: We will not exercise discretion to investigate this complaint about liability and the Council’s recovery of unpaid council tax from 2014-2016. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. Wigan Metropolitan Borough Council (22 009 311)
Summary: We will not investigate this complaint about the Council’s refusal to backdate and increase Ms X’s discretionary housing payment benefit. This is because it is unlikely we would find fault with the Council’s actions. Derby City Council (22 007 306)
Summary: We will not investigate this complaint about the Council’s decision not to pay interest on a council tax refund. This is because there is insufficient evidence of fault by the Council. Havant Borough Council (22 009 258)
Summary: We will not investigate this complaint about problems with Mr X’s council tax. We would be unlikely to recommend the Council do more than it has already done to put matters right. London Borough of Harrow (22 009 429)
Summary: We will not exercise discretion to investigate this complaint about the Council recovering a housing benefit overpayment which it notified Mr X about in 2016. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. Doncaster Metropolitan Borough Council (22 009 014)
Summary: We will not investigate this complaint about how the Council handled Ms X’s council tax account and her council tax reduction award. There has been no significant injustice and we could not achieve more by investigating the complaint now. London Borough of Croydon (22 009 028)
Summary: We will not investigate this complaint that the Council incorrectly sent Mr X a summons for council tax. This is because the complaint was made late to us and there is no significant injustice that would warrant investigation. Mendip District Council (22 009 138)
Summary: We will not investigate this complaint about how the Council handled the complainants tax arrears. This is because there is insufficient fault by the Council and the complainant can appeal to the Valuation Tribunal if he feels the Council has wrongly applied its empty property discount policy. Maidstone Borough Council (22 003 477)
Summary: Mrs X complained the Council failed to properly consider her housing application and supporting evidence, told her wrong information and failed to deal with her application for a Discretionary Housing Payment. Mrs X also said it has prevented her from moving to suitable accommodation. We find fault with the Council for misfiling Mrs X’s Discretionary Housing Payment application however this did not cause a significant injustice. We do not find fault with the Council for how it considered Mrs X’s housing application. Rushmoor Borough Council (22 008 226)
Summary: We will not investigate Ms X’s complaint the Council is recovering a benefit overpayment debt at a rate which causes her family hardship. The Council has agreed to deal with the complaint and reassess the financial position. Ms X can return to the Ombudsman once the Council has dealt with the matter or if it delays. London Borough of Ealing (22 009 158)
Summary: We cannot lawfully investigate Ms X’s complaint the Council decided in 2019 to recover an overpayment of housing benefit. Ms X used her right of appeal to the benefits tribunal.
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