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.

Salford City Council (22 010 196)

Summary: We will not investigate this complaint that the Council will not reduce the complainant’s council tax to reflect that she is in dispute with the police or a complaint that the Council did not let her defend the case in court. This is because there is insufficient evidence of fault by the Council and because the court decided she must pay the council tax.

Salford City Council (22 010 238)

Summary: We will not investigate this complaint about the way the Council dealt with his Council tax payment as there is no evidence of fault and the matter is out of time. The matter has also been remedied.

Sandwell Metropolitan Borough Council (22 010 587)

Summary: We will not investigate this complaint about errors in Mr X’s Council Tax account as the matter has been remedied.

London Borough of Barnet (22 010 695)

Summary: We will not investigate this complaint about delay in determining a housing benefit claim as there is no evidence of fault in the time taken.

North Somerset Council (22 010 743)

Summary: We will not investigate this complaint that the Council incorrectly charged council tax and instructed bailiffs. This is because there is insufficient evidence of fault by the Council.

Guildford Borough Council (22 002 967)

Summary: Mr X complains the Council failed to fully accommodate his communication needs and provide reasonable adjustments under the Equality Act 2010 when handling his application for council tax support. We have found fault by the Council. The Council will apologise and make a financial payment and service improvements to remedy the injustice caused to Mr X.

Royal Borough of Kensington & Chelsea (22 010 131)

Summary: We will not investigate this complaint about a retrospective increase in council tax. This is because there is insufficient evidence of fault by the Council.

North East Lincolnshire Council (22 011 129)

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.

Leeds City Council (22 005 982)

Summary: Miss B complained about the Council’s action in respect of council tax involving her business. She said the Council delayed in responding, then gave her incorrect advice, proceeded with recovery action even though she had made a complaint and delayed in responding to her complaint. We found fault with the Council’s actions. It has agreed to pay Miss B £500 and improve its procedures for the future.

Doncaster Metropolitan Borough Council (22 004 372)

Summary: Although the Council wrongly paid COVID-19 business support grants to the complainant’s business, under the circumstances we have not fault with this. Guidance from the Government also instructs councils to recover grants paid in error, and so the Council is also not at fault for doing so this in this case. There is no fault here, therefore, and so we have completed our investigation.

London Borough of Barnet (22 010 504)

Summary: We will not exercise discretion to investigate this complaint about the Council pursuing Mr X for a council tax debt from 2012. 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.

London Borough of Waltham Forest (22 010 794)

Summary: We will not investigate this complaint about council tax. This is because the complaint is late with no good reason to exercise discretion to investigate it now and it is reasonable to expect Mrs Y to appeal to the Valuation Tribunal.

London Borough of Lambeth (22 004 297)

Summary: Ms X complains about the Council’s handling of her council tax account since 2020 and the recovery action it has undertaken causing distress. We found no evidence of fault by the Council. The Council has taken and offered suitable action to Ms X to help her resolve her concerns about her council tax account so we have completed our investigation.

Buckinghamshire Council (22 008 849)

Summary: We will not investigate this complaint about how the Council complete a ballot for a Business Improvement District. That is because there is not enough evidence of fault to justify investigating.

Shropshire Council (22 010 113)

Summary: We will not investigate this complaint about the Council’s decision not to award a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

Wirral Metropolitan Borough Council (22 010 250)

Summary: We will not investigate this complaint about the Council’s decision to recover an overpayment of Council tax support. The Ombudsman will not investigate this complaint because he will have a right of appeal to a Valuation Tribunal.

Kent County Council (22 010 586)

Summary: We will not investigate Mr X’s complaint about the Council’s administration of its Household Support Fund. This is because there is not enough evidence of fault affecting Mr X and it is unlikely investigation would achieve any worthwhile outcome for him.