New benefits and taxation decisions

benefits and taxation

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.


Summary: Miss B and Mr C complained that the Council refused to refund payments recovered from a debt which had been included in an Individual Voluntary Arrangement. We find fault in the Council’s actions: it did not appeal against the outcome of the IVA but neither did it abide by the terms of the IVA and continued to recover the debt. The Council has agreed to refund the payments to the Insolvency Practitioner.

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

Summary: Mr X complained about the Council’s incorrect advice concerning his application and appeal for an empty property exemption. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of injustice caused to Mr X which would warrant an investigation.

Summary: Mr X complains that the Council has not recorded his payments towards his Council tax arrears which led to bailiff costs. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: The Ombudsman will not investigate this complaint about delay by the Council in issuing a final council tax bill. This is because there is insufficient evidence of injustice.

Summary: The Ombudsman 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.

Summary: There is no fault in the Council’s decision to stop housing benefit when a related benefit claim was cancelled. The Council wrote to tell Mr B of the cancelled claim and overpayment but did not receive a response or appeal against the decision that he should repay the overpayment.

Summary: The Ombudsman will not investigate this complaint about council tax arrears and an attachment of earnings order. This is because it is a late complaint and because there is insufficient evidence of fault by the Council.

Summary: Mr P complained the Council is seeking business rates on his property without explanation. The Ombudsman cannot investigate this complaint because the matter has been considered in court.

Summary: The Ombudsman will not investigate Miss X’s complaint about her council tax bill. This is because if Miss X disputes the amount owed it is reasonable for her to appeal to the Valuation Tribunal.

Summary: The Ombudsman will not investigate Mr Q’s complaint about the Council’s refusal to give him council tax support or a council tax exemption. This is because the matter has been resolved to Mr Q’s satisfaction.

Summary: The Ombudsman will not investigate this complaint about council tax liability and an attachment of earnings. This is because it would be reasonable for Mr D to appeal to the Valuation Tribunal if he remains unhappy with the Council’s decision.

Summary: Ms X complains about the Council’s refusal to award a Discretionary Hardship Payment (DHP). The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

Summary: Mr X complains that the Council has not correctly applied an exemption to his Council Tax bill. The Ombudsman will not investigate this complaint because it is reasonable for Mr X to appeal to the Valuation Tribunal.

Summary: Mr B complains about the Council’s assessment of his liability for council tax and his entitlement to council tax support. The Ombudsman will not investigate the complaint because it falls outside our jurisdiction as Mr B had appeal rights to the Valuation Tribunal.

Summary: The Ombudsman will not investigate this complaint that the complainant did not receive a council tax reminder and had to pay court costs. This is because there is insufficient evidence of fault by the Council and because the costs have been confirmed in court.

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