Summary: Mr K complains that the Council wrongly held him liable for business rates on an empty property. The Ombudsman cannot investigate this complaint because it has now been considered by a court of law.

The complaint

1. Mr K complains that the Council did not award a three month exemption from business rates when a property owned by Mr K became vacant.

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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 complaint and the information provided by the Council. I have written to Mr K with my draft decision and given him an opportunity to comment.

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What I found

4. The council issued Mr K with a Summons to appear in court in January 2020 for non-payment of business rates.
5. The Council says that the court did not grant a liability order as the court could not be satisfied the charge was correct.
6. The court has advised Mr K to provide evidence to support his claim for backdated relief from business rates.
7. The issue has now been considered by a court and therefore the Ombudsman cannot investigate.

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Final decision

8. The Ombudsman cannot investigate this complaint because the matter has now been considered by a court of law.

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Investigator's decision on behalf of the Ombudsman