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 will not investigate this complaint about Business rates as the matter has been remedied and can be pursued to the Valuation Office Agency (a body out of jurisdiction).

Summary: Mr B complained the Council failed to tell him of a change to his council tax support payments for two years and it wrongly charged him council tax for a further year. This caused Mr B significant distress and frustration and he had to borrow money to cover the arrears. The Ombudsman has found the Council at fault for failing to correctly update Mr B’s council tax account and missing multiple chances to correct this error over the following year. The Ombudsman also finds fault with the Council for sending Mr B inconsistent and confusing information about his council tax account. The Council has updated Mr B's council tax support eligibility and refunded all payments Mr B has made and removed outstanding arrears. The Council has agreed to pay Mr B a financial remedy and issue an apology.

Summary: Mr X complains the Council has not dealt properly with his Council Tax. The Council was at fault because its enforcement agents did not deal with Mr X appropriately. Mr X did not suffer any significant ongoing injustice as a result.

Summary: We will not investigate Ms X’s complaint about the Council’s refusal to award her a discretionary housing payment. This is because the Council agreed to resolve the complaint early by reviewing its decision, which is a suitable remedy for the injustice caused.

Summary: We cannot investigate this complaint about council tax support entitlement as this is to be decided on appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about a council tax error because the Council has provided a satisfactory remedy.

Summary: Mr X complains the Council lost his passport and national insurance card in 2017. We will not investigate as this complaint is caught by the time bar on our powers. And I see no good reasons Mr X could not have complained to us at the time.

Summary: We will not investigate this complaint about the Council delaying in telling Mr X he needed to apply for universal credit, rather than housing benefit. This is because an investigation would not lead to any different findings or outcomes.

Summary: We will not investigate this complaint about the amount the Council awarded for a Discretionary Housing Payment. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about action taken by the Council to recover council tax arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate Miss X’s complaint about the Council’s decision to stop housing benefit payments to residents living in an accommodation block. Miss X is a director of the organisation that manages the accommodation. This is because the complaint is outside the Ombudsman’s jurisdiction as Miss X has used her right of appeal.

Summary: We will not investigate this complaint about the Council’s alleged failure to communicate with Mr X before applying enforcement fees to an outstanding council tax debt. This is because an investigation would be unlikely to find fault with the Council’s actions.

Summary: We will not investigate Miss X’s complaint about the actions of an enforcement agent. She says they threatened to remove her property despite providing evidence her ex-partner no longer lived in the property. This is because there is insufficient evidence of fault.

Summary: We will not investigate this complaint about the Council’s decision to pass Miss X’s council tax debt to an enforcement agency. This is because an investigation would be unlikely to find fault with the Council’s actions.

Summary: We will not investigate this complaint about a Business Improvement District levy as liability was best decided by the court.

Summary: We will not investigate Miss X’s complaint about the Council’s handling of her council tax. She says the Council has charged her council tax even though her personal circumstances means she should be exempt from paying council tax. This is because it is outside the Ombudsman’s jurisdiction as it is reasonable for Miss X to use her right of appeal to the Valuations Tribunal.

Summary: We will not investigate this complaint about backdating a Severe Mental Impairment exemption for council tax. This is because there is insufficient evidence of fault by the Council and we could not achieve the outcome the complainant would like.

Summary: We will not investigate this complaint about the Council’s alleged failure to charge Miss X council tax for approximately two years before providing her with a backdated bill. This is because Miss X has right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.

Summary: We will not investigate this complaint about an alleged housing benefit overpayment. The complaint is late without good enough reason to investigate it now.

Summary: We will not investigate this complaint about action taken by the Council on Mr X’s council tax account as there is insufficient remaining injustice caused to him from any Council fault to warrant our further involvement.

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