Summary: Mr X complains about the way the Council has dealt with his business rates. The Ombudsman will not investigate this complaint because the matter is out of time. This is also a matter for the courts.

The complaint

1. Mr X complains about the way the Council has dealt with his business rates.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

5. The Council says that a summons for arrears for business rates was served on Mr X in late 2018. It was withdrawn in December 2018 on the understanding that a payment would be made in full in January 2019. As no payment was received a summons was issued and a Liability Order granted.
6. Mr X complains that the Council has misled him about his debt and falsely pursued him for that debt.
7. I am satisfied that Mr X was aware of the Council’s enforcement activity and had the opportunity to dispute any debt in court. Further, the actions complained of took place more than 12 months ago and I see no reason why such a complaint could not have been made to this office within 12 months.

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Final decision

8. The Ombudsman will not investigate this complaint because the matter is out of time and could be considered in court.

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Investigator's decision on behalf of the Ombudsman