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: The Council was at fault for how it handled Mr X’s Council Tax account and for how it handled his complaint about this. This did not cause any injustice to Mr X.

Summary: We cannot investigate this complaint about a charging order to recover council tax arrears. This is because charging orders are granted by the court, and we cannot investigate any matter that has been subject of legal proceedings. In addition, we will not investigate Ms X’s complaint about the Council’s handling of her complaint because we cannot investigate the substantive matters that led to Ms X’s complaint.

Summary: We will not investigate this complaint about letters sent to Miss X by the Council. This is because the complaint concerns the Council’s handling of Miss X’s personal data and this is a matter best dealt with by the Information Commissioner’s Office.

Summary: Mr Y complains that, after a Tribunal decision, the Council failed to refund him payments the Tribunal had found as irrecoverable. The Ombudsman’s decision is there was fault by the Council. After Mr Y raised the matter, the Council should have conducted a thorough enough investigation that would have led to it resolving the issue. Instead Mr Y needed to complain to the Ombudsman. And we needed to make multiple enquiries before the Council actioned the Tribunal’s decision. The Council has agreed to my recommendations.

Summary: We will not investigate this complaint about Council tax support as there is no evidence of fault and there is a right of appeal to a tribunal which could be used.

Summary: Miss X complains the Council failed to consider her housing benefit appeal, which prevented her from appealing to the tribunal. The Ombudsman finds fault with the Council for failing to consider Miss X’s request for appeal, which delayed her right to appeal to tribunal. The Ombudsman also finds fault with the Council for how it communicated with Miss X and for failing to provide a stage two complaint response. The Council has agreed to carry out the appeal and pass to the tribunal without delay if Miss X remains unhappy. The Council has also agreed to make a financial payment and service improvements.

Summary: We will not investigate this complaint that the Council has suspended the complainant’s housing benefit and keeps asking for information he has already provided. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about a council tax error the Council made in 2021. This is because the Council has provided a fair and proportionate response.

Summary: We will not investigate this complaint about liability for Council tax because he can appeal to a Valuation Tribunal.

Summary: We will not investigate this complaint about Council tax benefit underpayment because he could appeal to a tribunal.

Summary: We will not investigate this complaint about a dispute over liability for council tax. This is because liability disputes are best dealt with appeals to the Valuation Tribunal, and it was reasonable to expect the complainant to have done this.

Summary: We cannot investigate this complaint that the Council will not award a single person council tax discount to Mr X. This is because this matter has been considered by the Valuation Tribunal and is therefore now no longer within our legal remit.

Summary: We will not investigate this complaint about the Council not paying interest on a council tax refund. This is because there is insufficient evidence of fault by the Council and the complaint is best dealt with by the Valuation Office Agency.

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