Summary: The Ombudsman will not investigate Miss B’s complaint that the Council continued to claim payment of business rates from her despite her many attempts to try to get the problem sorted out. This is because we cannot investigate complaints about council decisions to start court proceedings or their conduct of court proceedings. It is for the court to reach a decision should the Council take bankruptcy or other court proceedings against Miss B.

The complaint

1. The complainant, whom I shall call Miss B, complained that the Council continued to claim payment of business rates from her despite her many attempts to try to get the problem sorted out. She told us this has affected her mental and physical health, she has lost her car, she is facing eviction and the Council has threatened that it may apply to court for her committal to prison if she does not pay the amount it has demanded.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered the information Miss B provided and given her an opportunity to comment on my draft decision.

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What I found

6. Miss B told us when she signed the lease for business premises, her solicitor told her the business rates were correct. But about six months later the Council said she owed over £180,000 for annual business rates. Miss B told us she called the Council at least 100 times but it continued to demand payment. Miss B says she is now in receipt of universal credit and she does not know what to do.
7. We cannot investigate any complaints about council decisions to take court action or their conduct of court proceedings. The Council obtained a liability order in March 2019. It was for the Magistrates Court to decide whether to make the order and we will not interfere with this legal process. If Miss B then failed to pay the amount outstanding, the Council could then refer the matter to enforcement agents.
8. To put things right Miss B wants the Council to stop taking legal proceedings against her. That is not something we could achieve for her by investigating her complaint. That is because it is for the courts to reach a decision should the Council take bankruptcy or other court proceedings against Miss B.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because we cannot investigate complaints about council decisions to start court proceedings or their conduct of court proceedings. It is for the court to reach a decision should the Council take bankruptcy or other court proceedings against Miss B.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman