Summary: We will not investigate this complaint about incorrect application of empty property relief to business rates liability. There is not enough evidence of fault by the Council to warrant it.

The complaint

1. Mr X complains that the Council incorrectly calculated business rates by not appropriately considering empty property relief.

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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 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

3. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X says that the Council applied three months’ empty property relief incorrectly, which impacted his liability for business rates.
5. The Council investigated and said it found that it had followed its processes appropriately according to information it held, and that Mr X should not be disadvantaged as a result of when the empty property relief was applied.
6. The Council has offered to review any documentary evidence Mr X is able to provide which shows that the empty property relief was not applied correctly.
7. There is insufficient evidence of any fault in the Council’s decision-making and it has given reasons for its decision. We cannot question whether a council’s decision is right or wrong simply because a complainant disagrees with it.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council to warrant it.

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Investigator's decision on behalf of the Ombudsman