New benefits and taxation decisions

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.

London Borough of Barnet (23 018 282)

Summary: We will not investigate Mr X’s complaint about fees added to his council tax account for non-payment of council tax. There is insufficient evidence of fault to warrant an investigation.

London Borough of Lambeth (24 003 333)

Summary: We will not investigate this complaint about the way the Council handled the complainant’s council tax. This is because there is insufficient evidence of fault by the Council.

Hinckley & Bosworth Borough Council (24 005 137)

Summary: We will not investigate this complaint about the Council issuing a demand for non-domestic rates for business premises which were divided in 2017. The courts are better placed to decide liability for business premises.

Bolton Metropolitan Borough Council (24 008 311)

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

Cherwell District Council (24 008 780)

Summary: We will not investigate this complaint about a housing benefit overpayment because a right of appeal to a tribunal has been used and the complaint is out of time.

London Borough of Lambeth (24 001 821)

Summary: We will not investigate this complaint about the Council’s decision on a council tax support application. It is reasonable for Mr X to appeal to the Valuation Tribunal which is the body appointed to consider challenges to council tax decisions.

London Borough of Southwark (23 015 745)

Summary: Mrs H complains the Council allowed her application for a disability band reduction on her council tax, but later said it had made an error and she did not qualify for a reduction. But she had reasons why the Council’s decision was wrong. Our decision is there was fault in how the Council carried out the first assessment. The Council has agreed to our recommendations.

North Northamptonshire Council (23 020 627)

Summary: Miss X complained about the actions of enforcement agents acting on behalf of the Council to collect a council tax debt. The Council commissioned enforcement agents were not at fault.

London Borough of Bexley (24 005 279)

Summary: We will not investigate this complaint about the Council’s decision not to award a discretionary housing payment. This is because there is insufficient evidence of fault by the Council.

Royal Borough of Kingston upon Thames (24 006 882)

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

Southampton City Council (24 007 685)

Summary: We will not investigate this complaint about communication with the Council because there is insufficient injustice to warrant investigation.

Babergh District Council (24 008 018)

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

Leicester City Council (24 002 965)

Summary: We will not investigate this complaint about the Council pursuing council tax recovery for an account established in error. There is insufficient evidence of any significant injustice cause by fault which would warrant an investigation.

London Borough of Lewisham (24 004 671)

Summary: We cannot investigate this complaint about the Council’s decision to designate a property as a House of Multiple Occupation for council tax. This is because the complainant appealed to the Valuation Tribunal. In addition, he can complain to the Information Commissioner about his Subject Access Request.

London Borough of Enfield (24 005 183)

Summary: We will not investigate this council tax complaint because there is insufficient evidence of fault by the Council.

Bournemouth, Christchurch and Poole Council (24 004 351)

Summary: We will not investigate Mr X’s complaint that the Council’s enforcement agent rejected his proposal to adjust his payment plan to repay a council tax debt owed to the Council. This is because we are not likely to find fault. In addition, there is no worthwhile outcome as the Council has now agreed to Mr X’s proposal.