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: We cannot investigate this complaint that the Council did not process the complainant’s application for section 13 council tax support because he has appealed to the Valuation Tribunal. In addition, we cannot achieve the outcome the complainant wants and he could have used his appeal rights for other parts of the complaint.

Summary: We will not investigate this complaint about the Council’s decision on Miss X’s application for Discretionary Housing Payment. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council refusing to exercise discretion to reduce Miss X’s council tax debt. This is because there is insufficient evidence of fault with the way the Council made its decision.

Summary: We will not investigate this complaint about a Council tax debt because it has been remedied and could have been appealed to a Valuation Tribunal. Part of the complaint is also out of time for investigation.

Summary: We will not investigate this complaint about the Council’s decision to obtain a liability order to recover unpaid business rates. This is because the complaint is about how the Council commenced court action which places it outside of our jurisdiction.

Summary: We will not investigate this complaint about Council tax exemption because the matter can be appealed to a Valuation Tribunal and there is no evidence of fault.

Summary: We ended our investigation as Mr X’s complaint was late and he had appeal rights against the Council’s housing benefit overpayment decision and if he disputed his liability to pay council tax.

Summary: We will not investigate this complaint about the Council’s administration of a council tax account as we cannot achieve the outcome Mr X seeks.

Summary: Mr X complains about the Council’s failure to respond to his appeal sent in February 2021 concerning being charged council tax for a property that he owns but has not been able to rent out due to his ill health. We will not investigate this late complaint as it was reasonable to expect Mr X to complain to us at the time. Even if we did decide to investigate it is unlikely we would achieve much as Mr X could have complained to the specialist tribunal that deal with appeals about council tax liability.

Summary: We will not investigate Ms X’s complaint the Council acted unfairly in handling her council tax account and applying an empty home premium which was not removed until 2019. Ms X complains late and outside the 12-month permitted period. There is insufficient reason to exercise discretion to investigate.

Summary: We will not investigate this complaint about a benefit overpayment demand that was raised in error. This is because the Council has provided a fair response and there is not enough remaining injustice.

Summary: We will not investigate this complaint about the way the Council handled a council tax account for which the complainant was the executor. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

Summary: We will not investigate this complaint about the Council’s alleged failure to cover Mr X’s accommodation costs. This is because the Ombudsman would be unlikely to find fault with the Council’s actions.

Summary: Mr X complained about the Council’s decision to refuse him a business grant and its communications, causing him financial loss and inconvenience. We found the Council at fault because it did not offer Mr X a review or appeal of its decision and its communications were not adequate. We recommended it apologise, pay £150 for time and trouble, review its decision and act to prevent recurrence.

Summary: We will not investigate this complaint about Miss X’s housing benefit. Miss X could reasonably have used her tribunal appeal right against the decision to pay benefit to her landlord. We will not revisit previous decisions about whether the Council had improper motives, including racial discrimination, and some of those allegations are now late. Miss X can reasonably go to the Information Commissioner about an alleged data breach. It is unlikely we would recommend the Council pay Miss X the £500,000 she wants.

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