IRRV Alert - week ending 6th December 2019

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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

London Borough of Harrow (19 000 687)

 

Summary: Mrs X complained about the Council taking recovery action for unpaid council tax in 2018 and 2019. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault by the Council and it was reasonable for Mrs X to appeal to the Valuation tribunal if she is challenging the amount of tax which the Council says she is liable for.

Calderdale Metropolitan Borough Council (19 002 639)

 

Summary: The Ombudsman finds fault with the way the Council handled Mr B’s complaint about a court summons it issued in error. This caused Mr B unnecessary distress and inconvenience. The Council has accepted the Ombudsman’s recommendations to remedy the injustice.

Northampton Borough Council (19 004 728)

 

Summary: The Ombudsman will not investigate this complaint about the Council seeking to collect council tax from the complainant. The complainant could appeal against any decision by the Council that he is liable to pay council tax. We are unlikely to find fault by the Council in seeking to collect unpaid council tax which a court has said the complainant should pay.

Wirral Metropolitan Borough Council (19 005 459)

 

Summary: Mr X complains about the way the Council dealt with his council tax support claims. The Ombudsman will not investigate this complaint because the matter has been settled.

Torbay Council (19 005 665)

 

Summary: Mr X complains about the way the Council dealt with his council tax payments. The Ombudsman will not investigate this complaint because there was a right of appeal, part of the complaint has been settled and there is no evidence of fault by the Council.

Liverpool City Council (19 006 262)

 

Summary: The Ombudsman will not investigate Mr K’s complaint the Council has caused him frustration, time and trouble from pursuing his dispute about the Council breaking what he considers to be a ‘contract’ for repayment of an housing benefit overpayment. This is because: we cannot investigate matters which have been decided by a tribunal; we will not investigate matters which it would be reasonable for Mr K to take to court; and we cannot order the Council to take the action Mr K thinks it should so we cannot achieve what he wants from his complaint.

Birmingham City Council (18 015 094)

 

Summary: The Ombudsman will not investigate this complaint about how the Council has dealt with complainant’s council tax liability. The matter is resolved and investigation would not lead to a different outcome.

Gedling Borough Council (19 005 710)

 

Summary: The Ombudsman will not investigate Ms B’s complaint that the Council is pursuing her for unpaid council tax at a property she says she has not lived at. This is because it falls outside our jurisdiction as Ms B can appeal against her liability to pay the bill to the Valuation Tribunal.

London Borough of Hackney (19 005 960)

 

Summary: Mrs X complains that the Council refused to back date her benefit claim as far as she would like. The Ombudsman will not investigate this complaint because she had a right of appeal to a tribunal.

Manchester City Council (18 018 891)

 

Summary: Miss T complains the Council was pursuing her for a council tax debt she had already cleared. The Ombudsman has discontinued our investigation, as the Council has made a discretionary payment that has cleared the arrears.

Royal Borough of Greenwich (19 002 174)

 

Summary: Ms X complains that the Council failed to rehouse her and has not paid sufficient housing benefit. The Ombudsman will not investigate this complaint because the matter is out of time and there was a right of appeal to a tribunal about benefit entitlement.

Leeds City Council (19 005 878)

 

Summary: Mr X complains about the increase in his Council tax bill. The Ombudsman will not investigate this complaint because this affects all or most of the population in the area.

Warrington Council (19 003 140)

 

Summary: The Ombudsman will not investigate this complaint about council tax arrears. This is because it is a late complaint and because the complainant can appeal to the Valuation Tribunal. Some of the matters complained of are out of the Ombudsman’s jurisdiction because they are criminal allegations, have been the subject of court proceedings, or another body is better placed to consider them.

Bournemouth, Christchurch and Poole Council (19 005 006)

 

Summary: Mr X complains about the way the Council dealt with his appeal for refusal of housing benefit. The Ombudsman will not investigate this complaint because he appealed to a tribunal and the matter is out of time.

Plymouth City Council (19 005 123)

 

Summary: Ms X complains that the Council stopped her council tax support. The Ombudsman will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

Southend-on-Sea Borough Council (19 005 430)

 

Summary: Ms X complains that the Council sought to recover council tax for which she denies liability. The Ombudsman will not investigate this complaint because there was a right of appeal to a Valuation Tribunal.

London Borough of Hillingdon (19 005 450)

 

Summary: Mr X complains about the way the Council assessed his council tax reduction. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

Woking Borough Council (18 018 439)

 

Summary: the Ombudsman considers there is insufficient evidence of fault by the Council regarding its recovery of council tax from Mr K, who is vulnerable.

London Borough of Hammersmith & Fulham (19 002 305)

 

Summary: Mr X complained the Council sent him council tax bills for different amounts and incorrectly sent him a court summons, which caused him stress. The Council was not at fault in how it recovered council tax from Mr X.

Sandwell Metropolitan Borough Council (19 005 354)

 

Summary: Mr X complained about the Council issuing him with a council tax bill in 2018 for which he wasn’t liable. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of injustice which would warrant an investigation.

Calderdale Metropolitan Borough Council (19 000 207)

 

Summary: Miss X complains the Council wrongly awarded a council tax exemption and later sent her a bill for over £1,000. This fault by the Council caused Miss X distress and financial hardship as she did not budget for this expenditure. A suitable remedy for the injustice caused is agreed.

London Borough of Hounslow (19 004 689)

 

Summary: Mr X complained about the Council pursuing him for council tax arrears which he says he is not liable for. The Ombudsman should not investigate this complaint. This is because it is reasonable for him to appeal to the Valuation Tribunal which is the proper authority to decide disputes about council tax liability.

Durham County Council (19 004 780)

 

Summary: The Ombudsman will not investigate this complaint about the Council making commercial waste charges to a provider of student accommodation. This is because the lawfulness of the charge needs to be considered in court and because there is insufficient evidence of injustice to the complainant.

Nottingham City Council (19 004 933)

 

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment because the complainant could have appealed to the tribunal.


 

 

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