Monthly Archives: September 2019

Why the AO and HMRC need calling to account

I’ve written before about the failings of ombudsmen and adjudicators, the latter being Trash Heaps (think Fraggle Rock). In fact, they both could be, as are the organisations we bring to them.

The Nottingham based Adjudicator’s Office is a hive running round the Queen – and yes, it’s been a woman for six years: currently Helen McGarry.

Like her predecessor, she’s no Wincey Willis (think 1980s gameshow Treasure Hunt).

There’s a hunt with obscure words and a deadline, but the treasure is all the treasury’s. For the AO deals with complaints about Her Majesty’s Revenue and Customs and The Valuation Office.

I’ve long had issues with HMRC – the tax office – and it’s not hard to find others who feel the same. They especially like to pick on self employed people and small businesses. Their compliance checks can mean hours, as well as pounds – photocopying and scanning, buying cloud software to upload… and then HMRC ungraciously deciding that they won’t accept your offering. All of course at your own expense. Often their drawn out investigations are because of their own misinformation.

May of us are deemed to have not paid enough tax or paid it too late, or that we have received too many tax credits and they will not only cease, but be demanded back.

I’ve been bullied for some years – I won’t give personal details, but I’ve had to spend much energy on fighting HMRC and learning what hard hearted bullies they are, and how the system is designed for you not to be able to easily recover from it, in any sense. I have strong evidence of collusion but also misuse of law. I think they want compliance or cessation. In any sense.

My case returned to the AO for the 3rd time – a different part, they won’t reinvestigate old ones. They also don’t award for their own failings. And they know that the next tier – the PHSO – is useless. I obtained figures of the tiny percentage of cases which are ever upheld, let alone given compensation. They elongate and annoy, and you need your MP to apply to them. Mine, Clive Lewis, messed up by not sending the supporting documents and he refused to resend the case, even when the PHSO asked me to. Hence Helen McGarry thinks she sits safe, knowing she’ll rarely be called to account by the Parliamentary and Health Service Ombudsman.

The recent investigation seemed to be no such thing. Even the bit about frustration and sympathy was a cut and paste job. It was condescending and had little or no back up. I’d reapplied for tax credits a year ago, but they claim that my area’s roll out for Universal Credit had begun just after, so it was too late. If I’d had a quicker response from HMRC, I would have gotten the award, worth a few thousand. I note the statements which make me look unreasonable: “if [I’d] chosen to…” – utterly inappropriate; the ones that make them sound fair… it’s a school of writing that I see throughout bureaucracy and sometimes in personal emails. McGarry claims the law is on her side; nothing can be changed now. But I’m well aware of law being bent or ignored or even created to suit governments.

I am tired of these organisations not being accountable, of not righting wrongs and even acknowledging them. I am tired of Trash Heaps whose rather ill-judged pronouncements become binding, and who do not expect comeback. I am tired of governments who bully, not work for their people.

If you are too, then let’s stand together against it. We need an AO who’s fit for purpose and a tax office that’s fair – it’s supposed to be collecting for the benefit of the people. We need reform. We need leaders who listen and laws that benefit and protect us, not the few. We need different values that aren’t about greed and control, but respect and fairness. And yes, love, even in politics. And that means love of justice, a fierce love that stands up for ourselves and others and doesn’t take no for an answer.

 

 

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