Summary: We will not investigate this complaint about a business rates liability. This is a matter for the courts. The Information Commissioner can consider Mr X’s data protection complaint and there is not enough evidence of fault by the Council about other matters.

The complaint

1. Mr X complains the Council is wrong to pursue him for a business rates liability order from 2015. He says he is not liable for the property, there were legal and procedural faults by the Council and it breached data protection rules when it shared information with enforcement agents. He says the Council’s actions caused him distress.

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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)

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)).

3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

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

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My assessment

5. The Council obtained a liability order in the magistrates’ court in 2015. Mr X says he is not liable for the business rates for the property. We cannot investigate the start of court actions or what happened in court. Mr X may apply to the court to set aside the order.
6. Mr X complains the Council failed to follow proper procedures, and should not pursue the arrears from 10 years ago. The Council explained the summons process and that the court granted the liability order. It said the statute of limitations does not apply to business rates. There is not enough evidence of fault by the Council before the issue of the summons and after the liability order was granted to warrant investigation by the Ombudsman.
7. Mr X complains that the Council was wrong to share his information with enforcement agents. Mr X may complain to the Information Commissioner if he considers his data was misused.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot investigate the start of court proceeding or what happened in a court. There is insufficient evidence of fault by the Council to warrant an investigation regarding other matters. Mr X may complain to the Information Commissioner about data breaches.

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Investigator's decision on behalf of the Ombudsman