Summary: The Ombudsman cannot investigate this complaint about business rates. This is because the matter has been to court so the law prevents the Ombudsman investigating it.

The complaint

1. Ms X complains the Council is pursuing the wrong organisation for business rates. She reports this has resulted in a demand to pay over £14,000.

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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)

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How I considered this complaint

4. I considered the information Ms X provided and some information from the Council. I gave Ms X the opportunity to comment on my draft decision.

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What I found

5. Ms X’s organisation and the Council disagree about which of two organisations should be liable for business rates on some premises. The matter has been to court. I understand the Council got a liability order from the court and there was later court action about an application to set aside the liability order.
6. As the court has considered the question of who is liable for the rates, the restriction in paragraph 3 applies. I appreciate Ms X disagrees with the Council’s approach and the court’s decision. However, the Ombudsman has no power to investigate this matter.
7. Ms X also expressed concern the Council would not deal with this matter in its complaints procedure rather than in court. I see no fault in that. As the courts are involved, it would not be appropriate in the circumstances to use the Council’s complaints procedure. It is for the courts to decide liability where that is disputed.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because the Ombudsman lacks the legal power to do so.

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Investigator's decision on behalf of the Ombudsman