Summary: We will not investigate this complaint about the Council’s recovery of unpaid business rates through court action. We have no jurisdiction not investigate matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the Council issuing a summons and then a liability order for a business property which he owns and leases to a tenant. He says he did not receive the summons in time to attend a court hearing and that he provided the necessary information before the hearing. He has incurred legal costs since the Council withdrew the liability order and he wants it to re-imburse him for this.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X complained about the Council taking unnecessary recovery action against him for unpaid business rates liability. He says he gave the Council information about the rates liability for the tenancy of a property he was billed for but it insisted on seeing the original lease. The Council served a summons because he did not provide the documents required.
6. Mr X subsequently submitted the lease but he says he was unaware of the summons until it arrived on the day of the liability hearing in the Magistrates Court some weeks later. He was unable to attend due to the short notice and the Council obtained a liability order with costs from the court. Mr X had submitted the lease 6 days before the hearing but it was too late to withdraw the action in time. The Council later withdrew the order and the court costs.
7. On the same date Mr X instructed solicitors to act on his case. As the Council had already cancelled the costs of the liability order this further action was Mr X’s own choice and any additional costs incurred were not part of the recovery action.
8. We cannot investigate complaints about matters which have been subject to court proceedings. This commences when a summons is issued by the billing authority. The order was withdrawn and the costs of recovery were cancelled following Mr X’s submissions.

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Final decision

9. We will not investigate this complaint about the Council’s recovery of unpaid business rates through court action. We have no jurisdiction not investigate matters which have been subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman