Summary: Mr X complains on behalf of a charitable trust that the Council has not applied Mandatory Rate Relief to the trust’s business rates. The Ombudsman will not investigate this complaint because it is a matter better considered by a court.

The complaint

1. Mr X complains on behalf of a charitable trust that the Council has not applied Mandatory Rate Relief to the trust’s business rates.

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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 complaint and the supporting information provided by Mr X and the Council. I have written to Mr X with my draft decision and given him an opportunity to comment.

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What I found

4. The charitable trust Mr X represents has asked the Council to apply Mandatory Rates Relief to its business rates. The Council has refused the trust’s applications.
5. Whether the Council should grant the trust Mandatory Rate Relief is a matter better considered by a court.
6. The Council says it has issued a court summons for non-payment of business rates. It would be reasonable for the trust to raise this issue in court and so the Ombudsman will not investigate.

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Final decision

7. The Ombudsman will not investigate this complaint because it is a matter better considered by a court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman