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 failing to send Ms X a letter in large print. The injustice to Ms X from this fault was aggravated by the Council’s repeated failure to make this reasonable adjustment over several years and despite two previous complaints to the Ombudsman. The Council has agreed to apologise and make a payment to Ms X.

Summary: The Council was at fault for delay deciding Ms X’s application for discretionary relief from council tax. The Council has already apologised and awarded full relief, which is a suitable remedy for the injustice caused.

Summary: We will not investigate this complaint about the Council stopping housing benefit. There is not enough evidence of fault to justify our involvement.

Summary: We will not investigate this complaint about the Council making the complainant liable for council tax from 2021. This is because it is a matter for the Valuation Tribunal.

Summary: We will not investigate this complaint about the Council employing enforcement agents to collect unpaid council tax debts. There is insufficient evidence of fault which would warrant an investigation.

Summary: We will not investigate this complaint about the Council’s decision on a Council Tax discount because it is reasonable for Ms X to appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about council tax liability. This is because there is not enough evidence of any fault and Mrs X can appeal to the valuation tribunal.

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

Summary: Miss X complains about the handling of her Council Tax accounts by the Council. Miss X also contends that her place of study should otherwise attract a student exemption. We have concluded our investigation having made a finding of fault. We found that the Council did not bill Miss X correctly during her occupancy of Property A and did not correct the Council Tax bill until two years later causing Miss X an injustice. We have not investigated any complaint about Council Tax liability, nor Miss X’s right to a student exemption as it is reasonable for Miss X to appeal these matters to the Valuation Tribunal. The Council has accepted our recommendations.

Summary: We will not investigate this complaint about a Discretionary Hardship Payment as there is no evidence of fault by the Council.

Summary: We will not investigate this complaint about the Council’s pursuit of Miss X for unpaid council tax empty property premiums. This is because Miss X has right of appeal to the Valuation Tribunal; it would be reasonable for her to use it.

Summary: We will not investigate this complaint about the Council’s decision to apply the council tax premium. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint that the Council did not divert the housing benefit to the complainant, as the landlord, even though the complainant reported that her tenants were in rent arrears. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint that an officer made inappropriate comments and laughed at the complainant. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint about liability for Council tax as this can be appealed to a Valuation Tribunal.

Summary: Mr H complains about the Council’s recovery action for business rates on a property he had given up the lease on. And that it has not paid him the remedy it had offered in its complaint response. Our decision is we agree with the Council’s analysis of fault and remedy. We recommend it contacts Mr H again to offer the remedy.

Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant a discretionary housing payment. This is because there is insufficient evidence of Mr X being caused a significant and personal injustice as a result of the alleged failing. It is also unlikely we could add to the Council’s proposed outcome.

Summary: We will not investigate this complaint about the Council’s decision to pursue Ms X for payment of unpaid empty property premiums. This is because the complaint relates to events that took place more than 12 months ago; it would have been reasonable to bring the complaint to us sooner.

Summary: We will not investigate this complaint about council tax liability. If Ms X believes she is not liable for the charges, she has a right of appeal to the Valuation Tribunal.

Summary: We will not investigate this complaint about an attachment of earnings order. There is insufficient evidence of fault and it is unlikely an investigation would achieve anything more.

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