IRRV Alert - week ending 11th August 2023

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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.

Stratford-on-Avon District Council (22 012 419)

Summary: Ms X complains about how the Council dealt with her Council Tax account. There is no evidence of fault in how the Council dealt with Ms X’s Council Tax account. However, the Council is at fault in how it dealt with her complaint which caused avoidable time and trouble and frustration to Ms X. The Council has agreed to remedy this injustice by making an apology to Ms X.

Luton Borough Council (23 003 149)

Summary: We will not investigate this complaint about housing benefit decisions because there was a right of appeal to a tribunal.

London Borough of Merton (23 003 511)

Summary: We will not investigate this complaint about the Council’s response to his complaint because the Council’s actions have remedied his complaint and there are insufficient grounds to warrant investigation.

Eastbourne Borough Council (22 015 296)

Summary: Mrs X complains the Council wrongly passed her council tax account to enforcement agents and gave them an incorrect address for her. We find fault with the Council for failing to fully address her complaint at the first complaint stage, and for using an unmonitored email address on council tax bills and reminders.

London Borough of Brent (23 002 176)

Summary: We will not investigate this complaint about a housing benefit overpayment. Miss X used her right to appeal to His Majesty’s Courts and Tribunals Service, which was reasonable. It is the tribunal, rather than the Ombudsman, that she should contact to explain the delay in appealing.

Colchester City Council (23 002 915)

Summary: We will not investigate this complaint that the Council should not have instructed bailiffs for council tax arrears because the debt is too old. This is because there is insufficient evidence of fault by the Council.

Manchester City Council (23 003 389)

Summary: We will not investigate this complaint about a Liability Order because the matter has been remedied and there is insufficient remaining injustice to warrant investigation.

London Borough of Harrow (23 002 578)

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

Peterborough City Council (23 003 332)

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

Leicester City Council (22 014 452)

Summary: Mrs X complained about the Council’s decision to refuse business rates relief and its complaint handling, causing financial loss and distress. We found no fault in the Council’s decision making but we found fault in its complaint handling. We recommended the Council provides an apology to Mrs X, pays her £100 for time and trouble and acts to prevent recurrence.

London Borough of Croydon (23 003 010)

Summary: We will not investigate Mr X’s complaint about the Council’s management of his council tax account and its refusal to pay his legal costs. This is because we could not add anything to the Council’s investigation and further investigation would not lead to a different outcome.

North Lincolnshire Council (23 003 801)

Summary: We cannot investigate this complaint about the Council’s decision to create an ‘overpayment’ of Housing Benefit. This is because the complainant has already used her appeal to the specialist Housing Benefit tribunal.

London Borough of Islington (22 001 964)

Summary: Miss X complains the Council gave the wrong advice about housing benefit on two homes and did not advise her to claim Universal Credit. She now has rent arrears. The Council has agreed our recommendation for an improved remedy.

Blackpool Borough Council (23 002 590)

Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.

Luton Borough Council (21 011 453)

Summary: Mrs X complained about the way the Council has dealt with her claims for housing benefit and council tax reduction. Mrs X believes the Council wrongly ended her benefit claim, used wrong calculations and did not consider evidence properly. The significant delays in dealing with Mrs X’s requests for reconsideration of her housing benefit and council tax claims amount to fault. This fault has caused Mrs X an injustice.



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