London Borough of Lewisham (23 004 321)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 13 Jul 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s management of Mr X’s claims for housing benefit and council tax reduction. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

  1. Mr X complained the Council has overcharged him for council tax and reduced his housing benefit.
  2. Mr X said he has been put to financial loss due to the Council’s actions.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:
  • there is not enough evidence of fault to justify investigating.
    (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X applied to the Council’s housing benefit scheme in March 2023 after he fell into rent arrears. The Council assessed Mr X’s claim and confirmed he was eligible for housing benefit. Mr X is also in receipt of council tax reduction.
  2. Mr X wrote to the Council again in May 2023 as he was unhappy his housing benefit had reduced. Mr X also wrote to the Council regarding his council tax and complained that other tenants in his building did not pay as much as he did.
  3. The Council explained that the amount of housing benefit he received was dependent on his income and consequently would change slightly each month. The Council invited Mr X to submit evidence if he felt his benefit entitlement was incorrect.
  4. Mr X remains unhappy with the Council’s management of his housing benefit and council tax. There is no evidence the Council has miscalculated Mr X’s housing benefit. It has explained its management of Mr X’s account and provided calculations used in its assessment of Mr X’s account. The Council has also invited Mr X to provide evidence if he believes the calculations are wrong and I cannot see that Mr X has done this. The Council is not responsible for the valuation of Council bands, this is the responsibility of the Valuation Tribunal. It is open to Mr X to pursue this further if he believes he is in the wrong council tax band.

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Final decision

  1. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman

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