Summary: We cannot investigate Mr X’s complaint about the Council’s recovery of business rates because we have no jurisdiction to investigate a complaint subject to legal proceedings. We will not investigate other matters because doing so would not lead to a different outcome.

The complaint

1. Mr X complains about the Council’s management of his business rates. He says the Council failed to provide the correct relief on the account and inflated the sum due. It also began court proceedings without allowing him the chance to represent himself at court and delayed issuing him with a refund.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says, after splitting a building into two for business rates purposes, the Council sent him incorrect invoices and did not properly apply empty property relief.
7. The Council admits some of its communication could have been better. It has apologised and provided feedback to staff. It has also confirmed it has now applied the relief.
8. I consider this to be a suitable remedy in the circumstances. It follows that any investigation is unlikely to add to the Council’s or lead to a different outcome.
9. Mr X also says the Council inflated the debt, took the matter to court, and he did not have the chance to represent himself.
10. The Council says it sent invitation details with the summons to Mr X’s registered address and Mr X contacted it about receiving these. It also sent Mr X a separate email informing him how he could join the hearing virtually. Following this, a magistrate hearing took place in early 2024. The Council says it will not remove these costs, because it followed the correct process.
11. As these matters are about the Council’s decision to start legal proceedings, I cannot investigate them.
12. Mr X has also raised an issue on his second business rates account. He is unhappy with the time it took the Council to refund him.
13. The Council says it took 12 days to issue a refund. It reports its process for refunding can normally take between 3 and 7 working days.
14. I will not investigate the complaint. I consider an investigation by us would not lead to a different outcome, as while there was a small delay ultimately Mr X received his refund.

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Final decision

15. We will not investigate Mr X’s complaint because an investigation would not lead to any further findings or outcome. Also, we have no jurisdiction to investigate a complaint which has been subject to legal proceedings.

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Investigator's decision on behalf of the Ombudsman