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London Borough of Brent (05A17099)

Local taxation                               Maladministration causing injustice

26 February 2007

Brent Council’s Revenues and Benefits Department was criticised by the Local Government Ombudsman for failing to consider its Anti-Poverty Strategy when seeking recovery of underpaid council tax from a man after it had wrongly granted him a 50 per cent council tax ‘empty property’ discount.

The Council wrongly awarded a 50 per cent empty property council tax discount to ‘Mr Holding’ (not his real name for legal reasons) while he was still living in his home. It discovered its error in April 2004 and issued Mr Holding with a retrospective bill. He was unable to meet the proposed arrangements for payment, and the Council took recovery action against him.

The Ombudsman found fault because the Council:

  • wrongly awarded him the discount in the first place;
  • failed to consider its own policy when proposing recovery arrangements;
  • failed to enquire into his means after he accepted responsibility for making repayments; and
  • failed to take his complaint to the next stage in response to his solicitor’s letter.

The Ombudsman did not recommend payment of financial compensation as the Council had already written off council tax arrears. But he considers that there was public interest in the Council’s approach to debt recovery, particularly as it relates to vulnerable people, so he decided to issue this report.

The Ombudsman asked the Council to let him know the outcome of its Anti-Poverty Strategy review.

Date Published: 17/11/08