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: Ms X complains about the handling of her Council Tax account and the Council’s failure to make reasonable adjustments in its communication with her. We have concluded our investigation having not made a finding of fault. Whilst we acknowledge confusion with Ms X’s billing, this could not be attributed to the actions of the Council. The evidence demonstrates it was acting on information received from the DWP. Further, we have not found a basis to criticise the Council’s actions with regards to Ms X’s complaint about reasonable adjustments.

Summary: We will not investigate this complaint about council tax. There is no fault in the Council using the council tax band the Valuation Office Agency (VOA) has given for Mrs X’s home. We cannot investigate the VOA. Mrs X can reasonably appeal to the Valuation Tribunal about council tax discounts and exemptions.

Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her application for council tax reduction. This is because the complaint is outside the Ombudsman’s jurisdiction as it was reasonable for Mrs X to use her right of appeal.

Summary: We will not investigate this complaint about the Council providing incorrect information about the complainant receiving a refund of his council tax. This is because there is insufficient evidence of the complainant being caused a significant enough injustice to warrant an investigation. The complainant also complains the Council took him to court for non-payment of his council tax. We have no legal jurisdiction to investigate a complaint about the start of court action.

Summary: We will not investigate this complaint about council tax banding. This is because we cannot investigate the banding decision made by the Valuation Office Agency and the Council is not at fault for using the band decided by the Valuation Office Agency.

Summary: We will not investigate Mr X’s complaint about the Council’s failure to make reasonable adjustments to assist him to make an application for support. The Council upheld the complaint, apologised to Mr X and took action to improve its services. Further investigation would not lead to a different outcome.

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.

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

Summary: Ms X complains about how the Council dealt with her council tax. The Council was at fault because it failed to consider whether it should make reasonable adjustments for Ms X. Although it did not affect the decision about Ms X’s liability for council tax, or the debt owed, fault by the Council caused her avoidable distress. The Council agreed to apologise, agree reasonable adjustments it will make for Ms X, and pay her a financial remedy. It will also issue reminders to its staff.

Summary: We will not investigate this complaint about the availability of payment dates for council tax. This is because there is insufficient evidence of fault by the Council.

Summary: We will not investigate this complaint. On the central point about alleged failure to obey a court order, Mr X can reasonably take court action. We cannot consider actions related to the Council’s management of social housing. Whether Mr X should receive his court costs and compensation are properly matters for the courts, not us.

Summary: We will not investigate this complaint about council tax liability. It is reasonable for Miss X to use her statutory right of appeal to the Valuation Tribunal.

Summary: We cannot investigate this complaint about a request for backdated housing benefit because the complainant has appealed to the tribunal. In addition, we cannot investigate the Department for Work and Pensions.

Summary: We will not investigate this complaint about the way the Council treated the complainant after he raised issues about his council tax. This is because there is insufficient evidence of fault by the Council.

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