New benefits and taxation decisions

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.

Sandwell Metropolitan Borough Council (21 011 903)

Summary: Mrs X complains the Council failed to properly deal with her Council Tax Reduction claim and application for a Severe Mental Impairment discount. We found there was fault that warranted a remedy.

Rotherham Metropolitan Borough Council (22 001 285)

Summary: We will not investigate this complaint about how the Council considered Mr X’s housing benefit claim. Mr X has already appealed to a tribunal, and we have no jurisdiction to investigate.

Westminster City Council (22 001 639)

Summary: We will not investigate this complaint about the failure to give Mr X a council tax discount for an uninhabitable property. It would be reasonable for him to appeal against the council tax bill at the Valuation Tribunal.

Fylde Borough Council (22 001 771)

Summary: We will not investigate this complaint about council tax banding as this is against a body out of jurisdiction.

Stockton-on-Tees Borough Council (22 001 818)

Summary: We will not investigate this complaint about the amount of council tax support he receives because the decision can be appealed to a Valuation Tribunal.

London Borough of Barnet (22 001 829)

Summary: We will not investigate this complaint about council tax liability and exemptions because there is a right of appeal to a Valuation Tribunal.

Basingstoke & Deane Borough Council (21 019 137)

Summary: We will not investigate this complaint that the Council should issue a council tax refund from 2001 because it misadvised the complainant. This is because there is insufficient evidence of fault by the Council and because the complainant could have used her appeal rights.

Luton Borough Council (22 000 765)

Summary: We will not investigate Mr X’s complaint that the Council has pursued the recovery of enforcement fees incurred in pursuing a council tax debt from 2019/20. Mr X complains late and could have complained sooner. We cannot achieve the outcome Mr X wants. There is insufficient evidence of fault and the Council has explained its actions.

City of York Council (22 000 984)

Summary: We will not investigate this complaint that the Council delayed processing a change of address and then sent the complainant a threatening council tax letter. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

City of Bradford Metropolitan District Council (22 001 198)

Summary: Mr X complains about the way the Council has dealt with his housing benefit and council tax. The Ombudsman will not investigate this complaint because he had a right of appeal to a tribunal.

London Borough of Barnet (22 001 450)

Summary: We will not investigate this complaint that the Council are pursuing the complainant for a council tax debt that he says he doesn’t owe. This is because it would be reasonable for him to appeal to the Valuation Tribunal.

London Borough of Merton (22 000 142)

Summary: We will not investigate this complaint about how the Council calculated council tax support. This is because it would have been reasonable for the complainant to have used his right of appeal to the valuation tribunal.

Tameside Metropolitan Borough Council (22 001 516)

Summary: We will not investigate this complaint about the alleged failure by the Council to check all the evidence showing the complainant was not liable for Council tax. It would be reasonable for Ms K to appeal against the bill at the Valuation Tribunal. We also cannot investigate a matter that has been considered in court.

London Borough of Croydon (22 001 736)

Summary: We will not investigate Mr C’s complaint about the Council’s decision not to apply a single person discount to his council tax account. This is because it is reasonable for Mr C to appeal to the Valuation Tribunal.

London Borough of Ealing (22 001 463)

Summary: We will not investigate this complaint about council tax liability because Mr X can appeal to the Valuation Tribunal.

Slough Borough Council (22 000 203)

Summary: We will not investigate this complaint from a landlord about her tenant’s housing benefit. This is because it is a late complaint and because there is insufficient evidence of fault by the Council.

London Borough of Tower Hamlets (21 013 391)

Summary: We will not investigate Mr X’s complaint the Council delayed paying housing benefit to which he was entitled. We are satisfied the Council has paid the benefit and it has agreed to pay Mr X £100 to remedy any injustice caused by the delay.