A weekly update on benefits and taxation decisions

Please note: our decisions are published three months 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.

Stevenage Borough Council (18 018 817)

Summary: the Council failed to tell Miss C about her right of appeal when refusing her application for a four-week extension to housing benefit. That delayed the Council referring the appeal to tribunal. An apology and agreement to put in a late appeal for Miss C is satisfactory remedy for the injustice caused.

London Borough of Bromley (19 017 817)

Summary: Ms X complains that the Council did not update her Council tax record and, as a result, she received a reminder letter for unpaid Council tax. The Ombudsman will not investigate this complaint because there is insufficient injustice to warrant investigation.

Cannock Chase District Council (18 016 182)

Summary: Ms X complains the Council’s failure to make a correct decision about her housing benefit led to her eviction. The Council investigated when Ms X’s change in circumstances led to a review of her housing benefit claim. The evidence shows that as Ms X did not provide information about her partner’s address until after her eviction, the Council could not reinstate the claim until it received this information. The Council was not at fault and was not responsible for Ms X’s eviction.

Shropshire Council (19 008 753)

Summary: Miss X complained about the Council referring council tax debts to enforcement agents when she says she believes she had cleared them. The Ombudsman should not exercise his discretion to investigate this complaint. This is because it concerns matters which the complainant was aware of more than 12 months before they complained to us. There is no requirement for the Council to take cases back from agents just because the complainant requests it.

London Borough of Lambeth (19 011 144)

Summary: Ms X complains the Council has not properly responded to her complaint about council tax arrears and payments she has made. The Council has agreed to take steps to resolve the complaint which are satisfactory to the Ombudsman. He will not therefore investigate.

Boston Borough Council (18 017 833)

Summary: The Ombudsman finds there is fault by the Council regarding its recovery of council tax from Mr and Ms D. We recommended a remedy.

East Suffolk Council (19 008 763)

Summary: Mr X complains the Council issued incorrect Council tax bills and handled his complaint poorly, causing stress. He also complains the Council has refused to apply discounts to his Council tax. The Ombudsman will not investigate the Council’s refusal to apply discounts because Mr X could appeal to the Valuation Tribunal. The Ombudsman finds no fault in the Council’s billing or complaint handling.

South Holland District Council (19 015 115)

Summary: The Ombudsman will not investigate this complaint about a gap in the complainant’s housing benefit claim. This is because there is insufficient evidence of fault by the Council and because the complainant could have used his review and appeal rights.

Manchester City Council (19 016 377)

Summary: The Ombudsman will not investigate this complaint about a housing benefit overpayment. This is because the complainant could have used her appeal rights and because it is a late complaint.

Birmingham City Council (19 014 492)

Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to pass a council tax debt to enforcement agents. This is because there is not enough evidence of fault by the Council to warrant the Ombudsman’s involvement.

London Borough of Wandsworth (19 015 641)

Summary: The complaint is about the Council saying Mr B should repay housing benefit. The Ombudsman will not pursue this complaint. This is mainly because of Mr B’s right to appeal to a tribunal. There is also insufficient evidence the Council is demanding money it previously said was not owed.

London Borough of Bromley (19 016 151)

Summary: Mr X complains that he received a Council tax bill which had been sent in error. The Ombudsman will not investigate this complaint because he can pursue the matter to the Information Commissioner’s Office.

London Borough of Bexley (19 017 859)

Summary: Ms X complains about the Council’s enforcement of her Council tax debt and the Council’s loan when she moved house. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Broxbourne Borough Council (19 003 927)

Summary: Mr X complains the Council should not charge him summons costs for council tax arrears while his property was empty. The Ombudsman has not found evidence of fault by the Council.

London Borough of Barnet (19 015 463)

Summary: Ms B complains about the way the Council handled her application for Housing Benefit. The Ombudsman will not investigate the complaint because there is insufficient evidence of fault by the Council or injustice caused to Ms B to warrant an investigation.

London Borough of Lambeth (19 017 577)

Summary: The complaint is about the Council asking Miss B to repay benefits. The Ombudsman cannot pursue this complaint because of Miss B’s appeal rights.

London Borough of Tower Hamlets (19 011 369)

Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s decision to require her to pay council tax through direct debit. This is because there is no sign of fault by the Council which has caused the complainant an injustice to justify our involvement. The Ombudsman will also not investigate a complaint about the services the Council provides generally because there is an obligation to pay council tax as set out by law, not in exchange for services.