Local Government Ombudsman

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Fenland District Council (98B00023)

Local taxation             Maladministration causing injustice

20 September 1999

Mr A ran a draughting/design business. In 1996 he bought an existing ‘workplace home’ which, wrongly, was not registered as being liable for business rates. The Council did not inform the valuation office until 1997 that the rating list should be altered. Mr A said that the Council was responsible for this unexpected business expense and should compensate him. He said he would not have bought the property had he known it would be liable for business rates.

Remedy

The Ombudsman found maladministration causing injustice and recommended that the Council should:

  • pay Mr A a sum equivalent to 100% of the business rate levied on his property for the period 18 November 1997 to 31 March 1998 (approximately £640) and 50% for the period 1 April 1998 to 31 March 1999 (approximately £875); and
  • pay Mr A a further £250 to reflect his time and trouble in bring this complaint to the Ombudsman.

LGO satisfied by Council response: 2 December 1999

Date Published: 26/05/10