Summary: We will not investigate Mr X’s complaint that the Council should not pursue him for unpaid business rates over periods of national lockdowns resulting from the COVID-19 pandemic. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council has charged him for business rates for a commercial premises he could not rent out between April 2020 and August 2021 as a result of the COVID-19 pandemic. He agrees the Council correctly followed the rules but is unhappy there was no help or support available to him.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council has explained to Mr X that it applied a three-month empty property discount to his account but he was not eligible for any further support or discounts over the relevant period. This is because he is a commercial landlord and does not have a business which fell into one of the sectors supported by the government’s schemes and was forced to close.
6. Mr X considers the position is unfair but agrees the Council has properly applied the rules and guidance. In these circumstances it is not for us to criticise the government’s schemes or to say the Council should have made an exception for Mr X.
7. The Council has told Mr X about his right to apply to reduce the business rates to zero under Section 47 of the Local Government Finance Act 1988 but I have seen no evidence to show Mr X has made an application or provided evidence of hardship which would be required for the scheme. It is therefore unlikely we would find fault by the Council in seeking to recover the outstanding business rates.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman