Summary: Mrs X complains that the Council is holding her organisation liable for business rates for a building which they have had to leave due to the failings of the landlord. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

1. Mrs X complains that the Council is holding her organisation liable for business rates for a building which they have had to leave due to the failings of the landlord.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I have considered the complainant's comments and the Council's comments and Mrs X has commented on the draft decision.

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What I found

4. Mrs X represents a church organisation; a charity which has rented premises for a number of years. However, as a result of alleged failings of the landlord, the Centre has had to cancel its lease with the landlord and leave the premises in June 2018.
5. She says that, nevertheless, the Council is still charging the church business rates for the property.
6. The Council says that the lease dispute is a private matter between the church and the landlord. It adds that insufficient information has been provided to enable the Council to alter its decision that business rates were still payable by the church after June 2018.
7. The Ombudsman considers that only a court can determine whether there is a liability for business rates. Mrs X could have argued her case when the matter was considered by the court in 2019.
8. Mrs X also argues that the church should have been entitled to rate relief as it is a registered charity. That information is available on the Council’s website and it is for the liable person to make that application. We do not consider it fault by the Council that Mrs X did not apply for rate relief.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because this is a matter for the court.
    

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Investigator's decision on behalf of the Ombudsman