Basingstoke & Deane Borough Council (19 017 629)

Category : Benefits and tax > Other

Decision : Closed after initial enquiries

Decision date : 12 Mar 2020

The Ombudsman's final decision:

Summary: Mr X complains that the Council refuses to backdate a Retail Rate Relief for his business despite awarding it to other businesses. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing him injustice.

The complaint

  1. Mr X complains that the Council refuses to backdate a Retail Rate Relief for his business despite awarding it to other businesses.

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The Ombudsman’s role and powers

  1. 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:
  • it is unlikely we would find fault.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I have considered the comments of the complainant and the Council and the complainant has had an opportunity to comment on the draft decision.,

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What I found

  1. Mr X runs a retail business which attracts Retail Rate Relief. He says that, when this was introduced, the Council automatically awarded this relief to certain retailers. He says that the Council did not do this with his business as it was not sure if it was retail.
  2. He says the Council refused to backdate the relief to 2015/16 when the scheme started.
  3. The Council says that businesses were expected to apply for the relief and this was explained on the information which was provided to tax payers at the time. Mr X says he was unaware of this right to business relief.
  4. I appreciate Mr X’s frustration at not being offered the relief when it was first introduced. However, the relief scheme was based on the need to make applications by businesses. The fact that the Council went out of its way to offer the relief to certain businesses does not cause Mr X an injustice.
  5. I am satisfied that the Council properly notified businesses (including Mr X) the information included in the bills that such rate relief existed and could be claimed. In the absence of fault, the Ombudsman would not be critical of the Council’s decision not to backdate the relief.

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Final decision

  1. I will not investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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