Summary: We will not investigate this complaint about BID charges and Business Rates liability because this is a matter for the Valuation Office Agency, a public body out of jurisdiction. Further any liability issues are for the court and there is a right of appeal to a Planning Inspector against planning delay.

The complaint

1. Ms X complains that the Council is pursuing her for BID (Business Improvement District) payments as well as Business rates on her property.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. The Planning Inspector acts on behalf of the responsible Government minister. The Planning Inspector considers appeals about:

• Delay – usually over eight weeks – by an authority in deciding an application for planning permission.

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says that she owns a building comprised of a shop and flat above. She says the shop closed two years ago and she applied for planning permission to convert it into a second flat. She says that the planning application has been delayed by the Council.
9. Any delay by the Council in determining a planning application can be appealed to a Planning Inspector. The Planning Inspectorate is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
10. Ms X says that she is required to pay a charge as the shop is within a BID which she says is unfair as the business is closed.
11. The BID charge is based upon the fact that the shop is still registered for Business Rates. The decision to hold her liable for Business rates was made by the Valuation Office Agency, a body out of jurisdiction. She can apply to the Valuation Office Agency for the shop to be removed from the register.
12. Further, only a court can decide liability for Business rates and the correct amount. The Council would have to take her to court for non payment of the rates and BID charge where she could defend her position.

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Final decision

13. We will not investigate Ms X’s complaint because this is a matter for a body out of jurisdiction and there is a right of appeal to a Planning Inspector and can be considered by the court.

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Investigator's decision on behalf of the Ombudsman