New benefits and taxation decisions

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.


Summary: Ms X complained about the Council’s delay in processing her appeal against its decision to cancel Housing Benefit. The Council was at fault and this caused injustice to Ms X. The Council has agreed to provide a suitable remedy so we have completed our investigation.

Summary: We shall not investigate Miss X’s complaint about the Council seeking repayment of some housing benefit. This is chiefly because the complaint is late. It is also because Miss X had the right to appeal to a tribunal.

Summary: We will not investigate this complaint about information the Council provided to the complainant about her housing benefit. This is because there is insufficient evidence of injustice and because it is a late complaint.

Summary: Mrs X complained about a lack of financial support from the Council during the COVID-19 pandemic. The Council was at fault for not addressing her complaint about the discretionary grant paid. It should apologise and review its complaints process.

Summary: Ms E complains the Council did not award her a small business grant under a scheme to support businesses impacted by COVID-19. We do not find fault in the Council’s decision to refuse a grant nor the advice it gave to Ms E in reply to her enquiries about potential eligibility.

Summary: Mr X complained the Council refused to assist his business, which suffered financial hardship as a result of the COVID-19 pandemic. The Council was at fault for giving incorrect advice about its discretionary grant scheme and for failing to respond to an enquiry about the business rates hardship fund. It should apologise. It was not at fault for refusing a small business grant or rates relief.

Summary: We will not investigate this complaint about the council tax and council tax reduction. This is because the complainant could have used her appeal rights.

Summary: Mr X complains that the Council held him liable for council tax on a property he rented from a landlord. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

Summary: Ms X complains about the Council’s decision to hold her liable for council tax on a property. We will not investigate this complaint because there is a right of appeal to a Valuation Tribunal.

Summary: Ms X complained the Council failed to properly apply an empty property exemption correctly when tenants moved out of her rental property, which led to enforcement action and associated fees. Most of Ms X’s complaints are late and in addition, she could have complained to the Valuation Tribunal about the empty property exemption. In the period I have considered, the Council was not at fault in how it handled Ms X’s council tax accounts.

Summary: The Council failed to update Mrs B’s address on its council tax database. This led to unnecessary enforcement action. The Council has agreed to reimburse half of the enforcement fees Mrs B paid and it will take action to prevent similar failings in future.

Summary: Mr X complains about an additional fee of £235 added to his council tax debt during the enforcement process. We have found fault in the actions of the Council. The Council has agreed to apologise, remove the enforcement fee and make service improvements.

Summary: We will not investigate Mr X’s complaint about the Council’s decision not to award a business grant available due to COVID-19. This is because there is not enough evidence of fault by the Council.

Summary: We shall not investigate this complaint about the Council considering Mrs X liable for some council tax. This is because it is reasonable to expect Mrs X to have appealed to the Valuation Tribunal.

Summary: Ms X complains about the Council’s failure to collect her council tax direct debit payments. We will not investigate the complaint because our investigation will not add to that already carried out by the Council. It is from her bank that Ms X needs to obtain the relevant information to pass to the Council.

Summary: We will not investigate Mr X’s complaint about the Council refusing to award a business grant available due to COVID-19. This is because there is not enough evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council issuing council tax reminders to the complainant. This is because there is insufficient evidence of fault by the Council.

Summary: There was fault by the Council as it accepts the conduct of advisors on telephone calls was unacceptable. The Council’s apology remedies the anxiety caused to Miss X. There is no evidence of fault on the Council Tax owed or the recovery of arrears from her Universal Credit.

Summary: Mr C complained that he arranged to clear his council tax debt but despite this, his case was passed on to the enforcement stage. He also complained of threatening behaviour by the enforcement agent and his vulnerability was not considered. We find fault because the Council’s enforcement agent failed to act on Mr C’s claim of vulnerability. However, this did not cause him a significant injustice. There is further fault as the enforcement agent failed to respond to Mr C’s email and it incorrectly increased the amount he owed. The enforcement agent apologised to Mr C and corrected his account. The Council has also now waived the outstanding enforcement fees. This is a suitable remedy.

Summary: Mr X complains about the Council’s decision to refuse a Small Business Grant, causing financial difficulties to his business. We find no fault in the Council’s decision making process.

Summary: We will not investigate this complaint about the Council’s communication on a council tax matter as there is no evidence of fault causing significant injustice.

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