Blackpool Borough Council (19 003 011)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 16 Jul 2019
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s failure to issue her with a business rates bill, pursuing instead her landlord for the debt. The Ombudsman will not investigate the complaint because the complaint falls outside our jurisdiction as the court has determined liability.
The complaint
- The complainant who I refer to as Ms X, says the Council did not issue her with a business rates bill despite knowing she was the person liable and instead pursued her landlord for the debt. She says it has not properly addressed her complaint or explained its actions and this has caused her distress.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision.
What I found
- Ms X rented premises from which to run her business and her agreement with the landlord stated she was responsible for the business rates.
- Ms X says she made the Council aware she was the person liable for business rates and that she never received a bill.
- The business rates were left unpaid and the Council pursued the landlord for the debt, obtaining a liability order from the magistrates’ court.
- Ms X subsequently contacted the Council to state she was the person liable and that the bill should have been sent to her. She says her landlord told the Council and the court this but he was still found liable.
Assessment
- Had Ms X’s landlord wanted to, he could have defended the legal action taken against him. From what Ms X says, he may have done so because he provided the court and the Council with her details and stated their agreement meant she was liable for the rates. However, the court decided the landlord was the liable person. The Ombudsman has no discretion to review this matter and the complaint falls outside our jurisdiction.
Final decision
- The Ombudsman cannot investigate this complaint. This is because the complaint falls outside our jurisdiction as the court has determined liability.
Investigator's decision on behalf of the Ombudsman