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 B complained that the Council had failed to award COVID-19 relief to the business rates payable on his business property following a change to the way in which the property was listed. We have not found fault with the Council’s actions.

Summary: Mr D complained the Council closed his council tax account using incorrect information from a third party and then pursued enforcement action for a council tax debt without sending the correct notification letters. Mr D says this caused him distress and financial hardship. We have found fault with the Council’s actions. The Council has agreed to remedy the injustice caused by the fault. The Council will apologise, make symbolic payments and take action to improve services in the future.

Summary: We will not investigate this complaint about a council tax liability dispute. This is because it was reasonable for Mr X to have used his right to appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about Council tax exemption as there is a right of appeal to a Valuation Tribunal.

Summary: We will not investigate this complaint about entitlement to a Council tax discount because there is a right of appeal to a Valuation Tribunal.

Summary: We will not investigate this complaint about the application of a 100% premium to his Council tax as he could appeal to a Valuation Tribunal.

Summary: Ms X complains about the Council’s decision to refuse her application for a Discretionary Housing Payment causing distress and financial hardship. We have found no evidence of fault in the way the Council consider Ms X’s request for a Discretionary Housing Payment. But we found fault in the Council decision letter to Ms X about her application. The Council has apologised and provided a full explanation for its decision to Ms X which is suitable action for it to take. So, we have completed our investigation.

Summary: We will not investigate this complaint about an application for discretionary housing and council tax support. 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 recovery of council tax arrears from Mr X. We cannot investigate matters which have been subject to court proceedings. We cannot investigate complaints about matters which have a right to an appeal to an independent tribunal and that process has been pursued.

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

Summary: We will not investigate this complaint about the Council’s decision to issue Mr X with a backdated council tax bill. This is because an investigation is unlikely to find fault with the Council’s actions.

Summary: We will not investigate this complaint about the Council’s decision not to award Mr X a council tax exemption. This is because Mr X has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it.

Summary: We will not investigate this complaint about a reduction in the complainant’s housing benefit. This is because she could have used her appeal rights and because the Council has increased the benefit award.

Summary: We will not investigate Ms B’s complaint about her liability to pay council tax and the listing of the property. This is because Ms B has a right of appeal to the Valuation Tribunal and it would be reasonable for her to use it.

Summary: We will not investigate Dr X’s complaint about the Council’s handling of her council tax arrears. She says the Council breached national guidelines and protocols during its recovery action. This is because an investigation would not lead to any different findings or worthwhile outcomes.

Summary: We will not investigate Mr X’s complaint about a council tax bill issued by the Council. He says the Council has charged him the full rate despite him not being in work. This is because it was reasonable for him to have appealed to the Valuation Tribunal if he considered the Council’s decision to end his council tax support was wrong.

Summary: We cannot investigate Mr X’s complaint about council tax liability for a property he says he sold. This is because Mr X has a right of appeal to the Valuation Tribunal, and it is reasonable for him to use that right.

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