Summary: We will not investigate this complaint about the Council’s decision to register the complainant’s business premises as empty. This is because the complainant has a right to challenge the Council’s decision in the Magistrates Court.

The complaint

1. The complainant, who I will call Mr X, says the Council has wrongly registered his business as empty. This means he cannot claim business rates relief or qualify for a grant introduced by the Government to help businesses affected by the COVID 19 pandemic.
2. He also complains the Council has falsified emails, changed the proof required and repeatedly missed the deadline for responses to his complaints

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because he has a right to challenge the Council’s decision to register his business as empty in the Magistrate’s Court.
8. Also, we have not seen evidence that the Council has falsified any emails. And, while we expect the Council to adhere to the deadlines stated in its complaint procedures; we do not consider that any injustice caused by a failure in the complaints procedure alone to justify an Ombudsman investigation on this point.

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Investigator's decision on behalf of the Ombudsman