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 the Council applied Council Tax to an annex on her house despite the annex being exempt. Ms X complained the Council sent the Council Tax charges to debt collection agencies causing additional debt collection charges. The Council has admitted fault for charging Council Tax and has refunded Ms X the overpayments she made. The Ombudsman found the Council was at fault for charging council tax despite having the relevant information to know the property was exempt and the subsequent debt collection activity. The Council agreed to the Ombudsman recommendations to refunds any debt collection charges and provide Ms X with an apology and £900 for the avoidable distress, frustration and financial hardship it caused.

Summary: We cannot investigate Mr X’s complaint. This is because Mr X has started court action against the Council.

Summary: Mr X complained about the Council’s handling of his request to pay less council tax. The Council did not properly consider the request. At our recommendation, the Council agreed to reconsider the request, including giving Mr X his right to appeal to the Valuation Tribunal. That was a satisfactory resolution of the complaint.

Summary: Mr X complained the Council gave him poor debt advice. He says this caused him an injustice because he accrued debt of over £9,000. I do not have enough evidence to continue my investigation of this complaint.

Summary: On the evidence currently available, we will not investigate Miss X’s complaint about the Council pursuing her for unpaid council tax. This is because Miss X appealed to the Valuation Tribunal. We cannot investigate any matter that has been appealed to the tribunal.

Summary: Mr B complains the Council refused his business hardship relief from non-domestic rates. He also complains at delay in it making that decision. We uphold the complaint. We find fault in the decision taken and for poor customer service including delay. This has caused Mr B uncertainty and put him to unnecessary time and trouble. The Council has agreed action to remedy this injustice, which we set out at the end of this statement.

Summary: We will not investigate this complaint about the way the Council collected council tax arrears from 2002 to 2008. This is because it is a late complaint.

Summary: We will not investigate Ms X’s complaint that the Council wrongly billed her for four years of backdated business rates. This is because there is no evidence of fault by the Council. We will not investigate Ms X’s complaint that the rateable value of her premises is too high as the Valuation Office Agency is responsible for setting the value and its decision carried a right of appeal to the Valuation Tribunal.

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