Summary: Mr X complains about the Council’s handling of his Business Rates liability. The Ombudsman will not investigate this complaint because this is a matter for the courts.

The complaint

1. Mr X complains about the Council’s handling of his Business rates liability.

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The Ombudsman’s role and powers

2. 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

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

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What I found

4. Mr X runs a business (Business Y) which was liable for Business rates from February 2016 onwards. He says that the Council has issued numerous bills in his name instead of the business’s.
5. He says that there followed a number of court hearings between March 2018 and March 2019.
6. Whilst Mr X says he does not seek a view from the Ombudsman about the court action, the Ombudsman considers that any dispute about liability or quantum of Business rates are matters which can only be determined by a court. Further, any argument that a debt is no longer recoverable because of the time lapse between the debt and the issuance of the bill is also only a matter the court can determine.
7. I appreciate that Mr X has put time and trouble into pursuing the dispute but that is inextricably linked with the court action and so the Ombudsman could not pursue this separately.

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Final decision

8. The Ombudsman will not investigate this complaint because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman