Local Government and Social Care Ombudsman New Benefits and Taxation Decisions

OMBUDSMAN DECISIONS -

North East Lincolnshire Council (19 000 823)

Summary: Mr X complains he has to pay towards his Council Tax although he is on benefits. The Council’s Council Tax Reduction Scheme allows a maximum 75% reduction for working age claimants. The Ombudsman cannot question the Council’s properly held policy.

North Yorkshire County Council (19 007 214)

Summary: The Ombudsman will not investigate this complaint that the Council does not have a complaints procedure. This is because there is insufficient evidence of fault by the Council.

Maidstone Borough Council (19 008 050)

Summary: The Ombudsman will not investigate Mr A’s complaint that the Council has applied an empty property premium to his council tax liability. This is because Mr A may appeal to a tribunal and it would be reasonable for him to do so.

North Somerset Council (19 007 555)

Summary: Mr X complains that the Council wrongly held him liable for council tax on a property. The Ombudsman will not investigate this complaint because he could appeal to a Valuation Tribunal.

Preston City Council (19 000 896)

Summary: The Ombudsman found fault by the Council on Mr E’s complaint that it wrongly refused to refund overpaid council tax from 1993-1998 following a re-banding of his former home by the Valuation Office. It failed to keep records before 1999 despite sending estimated demand notices of the chargeable amount he had to pay which could change. This caused avoidable injustice as it did not have the records to show what he overpaid. The agreed action, including a refund of £810.93, remedies the injustice caused.

South Oxfordshire District Council (19 007 323)

Summary: The Ombudsman will not investigate Miss X’s complaint about the council tax banding of her property. This is because there is not enough evidence of fault by the Council. Also, council tax bands are a matter for the Valuation Office Agency, with a right of appeal to a valuation tribunal.

Rochdale Metropolitan Borough Council (19 007 498)

Summary: Ms X complains about the Council’s decision to recover an overpayment of benefit. The Ombudsman will not investigate this complaint because she appealed to a tribunal.

Spelthorne Borough Council (19 007 780)

Summary: The Ombudsman will not investigate this complaint about the Council’s decision to charge full council tax on a property the complainant has never lived in. This is because there is insufficient evidence of fault by the Council.

Birmingham City Council (19 003 251)

Summary: Miss B complained that the Council sent council tax demands, a court summons and a court order to the wrong address so she was unaware of the debt until she had contact from the bailiff. The Council also wrongly advised her that it could apply a discount to the bill. The Council has acknowledged it should have identified that Miss B was not living at that address and has deducted the court costs and returned the account from the bailiffs. It should also deduct £150 from the amount due in recognition of the distress it caused her and further frustration and confusion when it gave her wrong advice.

London Borough of Haringey (19 006 217)

Summary: We will not investigate Ms Q’s complaint about the Council’s handling of her council tax and council tax support. This is because she has, and could have, appealed to the Valuation Tribunal.

London Borough of Waltham Forest (19 006 848)

Summary: The Ombudsman cannot investigate this complaint about a housing benefit and council tax benefit/support overpayment. This is because the matter has been considered in court and by the tribunal.

Bristol City Council (19 007 051)

Summary: The Ombudsman will not investigate Mr B’s complaint about the way the Council dealt with non-domestic rates for two properties he occupies. This is because there is insufficient evidence of fault by the Council.

Harrogate Borough Council (19 007 229)

Summary: The Ombudsman will not investigate this complaint about delays with the Council charging council tax for newly built properties. This is because it is unlikely he will find fault by the Council and the complainant has not been caused injustice. In addition, he cannot investigate the VOA

Bristol City Council (18 013 055)

Summary: The complainant says the Council failed to properly manage his council tax account and ensure he knew about arrears owed on the account. The complaint says the Council wrongly added enforcement costs to his council tax bill. The Council says it followed the correct procedures and issued bills, reminders and notices and sent them to the property and after tracing the complainant to his current address. The Council says it incurred enforcement costs because the complainant did not leave a forwarding address and so it had to trace him. It recognises it did not respond to an email for a year. The Ombudsman finds the Council acted without fault or caused a significant injustice in following up the council tax owed on the property.

London Borough of Harrow (19 006 710)

Summary: The Ombudsman will not investigate this complaint about the Council’s failure to respond to a request for a paper council tax bill. This is because the Council has issued a paper bill and there is insufficient evidence of injustice.

Manchester City Council (19 006 802)

Summary: The Ombudsman will not investigate this complaint about the Council’s decision to pay the complainant’s council tax support into the council tax account. This is because there is insufficient evidence of fault by the Council.

Breckland District Council (18 017 163)

Summary: Miss K complains the Council has not taken account of payments she made for council tax. She says it has not made reasonable adjustments to help her claim a council tax reduction and other discounts. The Ombudsman found no fault by the Council.

St Albans City Council (19 001 859)

Summary: Ms X complains about the way the Council dealt with her request for a discount on her council tax. The Ombudsman will not investigate this complaint because there was a right of appeal to a Valuation Tribunal.

Fareham Borough Council (19 006 685)

Summary: Ms X complains that the Council has failed to properly explain a calculation of a rebate for council tax following a banding review. The Ombudsman will not investigate this complaint because there is no evidence of fault.

London Borough of Harrow (19 006 373)

Summary: We will not investigate this complaint about the Council’s handling of Mr Q’s council tax and council tax support. We are unlikely to add anything to the Council’s investigation, and further investigation is unlikely to lead to a different outcome.

London Borough of Brent (19 007 275)

Summary: The Ombudsman will not investigate this complaint about the Council’s failure to reinstate the complainant’s council tax support. This is because the complainant is satisfied with the response she has had from the Council.

Preston City Council (18 011 334)

Summary: Mrs X complains the Council did not properly consider information she said proved she had a tenant occupying her business premises. She said this meant she was unfairly billed for business rates. She feels the Council racially discriminated against her. The Ombudsman does not find the Council at fault.

London Borough of Hammersmith & Fulham (19 003 550)

Summary: We will not investigate this complaint about the Council’s alleged failure to advise Mr Q about applying for a Discretionary Housing Payment. This is because the complaint is late. And Mr Q or Organisation B (acting on Mr Q’s behalf) could have asked for a review of the suitability of the temporary accommodation sooner.

Redcar & Cleveland Council (19 005 582)

Summary: The Ombudsman will not investigate Mr and Mrs B’s complaint about liability for council tax. If Mr and Mrs B dispute their liability to pay council tax at a previous property, it is reasonable to expect them to use their right of appeal to the Valuation Tribunal. And further consideration of a complaint about the information the Council has provided is unlikely to find fault by the Council.

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