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: Mr X complained the Council decided his business was not eligible for retail rates relief, which meant it did not qualify for a Retail Hospitality and Leisure grant. There was no fault in the way the Council considered this.

Summary: Mrs X complained the Council refused COVID-19 business grant assistance, which added to the financial hardship her business suffered as a result of the pandemic. The Council was not at fault.

Summary: Mr X disputes liability for Business Rates on a property. The Ombudsman will not investigate this complaint because this is a matter for the courts.

Summary: We will not investigate this complaint about the Council’s decision not to exempt an empty property from council tax. This is because the complainant could appeal to the Valuation Tribunal or approach the Valuation Office Agency.

Summary: Mr X complained about the Council’s refusal to accept that he was occupying a business premises which it has charged him at the empty rate for business rates. We should not investigate this complaint. This is because it is unlikely we could achieve a different outcome for the complainant.

Summary: We will not investigate this complaint about the council tax empty homes premium because there is insufficient evidence of fault by the Council. We also cannot achieve the outcome the complainant wants.

Summary: We will not investigate Ms X’s complaint about council tax as the Council has applied the discount she sought and we cannot add to this.

Summary: Ms X complains about the Council’s refusal to award her business rates relief and a business grant, causing her financial difficulties and distress. She is also unhappy it issued a summons in error. We do not intend to investigate matters that have not yet completed the Council’s complaints process. We find no fault in the Council’s decision making on rates relief and a grant. However, we find the Council at fault as it issued a reminder notice in error. We are satisfied with the action it has already taken to remedy this.

Summary: Mr X complained the Council did not operate its discretionary business grants scheme fairly as it awarded grants per vessel even though the scheme states only one grant per business. We do not find fault because the Council decided to award grants per vessel if separate accounts were filed and there is no evidence to show it did not apply this consistently. Mr X only had one commercially operational vessel and so has been awarded the correct amount.

Summary: Ms X complained about the Council failing to inform her about the availability of small business grants when other units on the site were notified. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Summary: Mr H complains the Council has refused his business financial support through a series of grant schemes designed to help businesses impacted by COVID-19. We do not uphold the complaint, finding no fault in the decisions taken by the Council.

Summary: The complaint concerns the Council’s actions following information from a credit reference agency relating to Mrs X’s property. Based on the information provided the Council wrote to Mrs X asking her to confirm she was still entitled to single person discount on her council tax liability. Her representative was concerned there may be many others who have been similarly affected and it may mean they have lost their entitlement to the single person discount. The investigation is discontinued because there are not sufficient grounds to investigate further.

Summary: We will not investigate this complaint about steps the Council took to recover a housing benefit overpayment. This is because the Council has since reviewed the account and removed the overpayment debt. If the compalinant remains unhappy with the outcome he can use his appeal rights.

Summary: We will not investigate Mr X’s complaint about a council tax charge as we cannot achieve the outcome he seeks which is for the charge to be cancelled.

Summary: We will not investigate this complaint about a council tax reminder the Council sent to the complainant. This is because there is insufficient evidence of fault and injustice.

Summary: We will not investigate Mr X’s complaint about how the Council formulated its policy on charging council tax on empty homes. This is because we can achieve no meaningful outcome for Mr X as Mr X’s personal injustice is best dealt with by the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant a council tax exemption. This is because it is reasonable for them to use their right of appeal to the Valuation Tribunal.

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