Summary: Mr X complained about the Council taking bankruptcy proceeds against him over unpaid business rates for which he says he was not liable. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint concerns matters which Mr X was aware of more than 12 months before he complained to us. We cannot consider complaints about matters which have been subject to court proceedings.

The complaint

1. The complainant, whom I shall call Mr X, complained about the Council making him bankrupt following court action for unpaid business rates. He says that he was not liable for the business rates and has been disputing this with the Council for 10 years since 2009. He wants the Council to accept another company was liable for the debt and that the bankruptcy order should be quashed and he should be compensated for the £85,000 he has lost as a result of its actions.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 have considered all the information which Mr X submitted with his complaint. I have also considered the Council’s response. Mr X has been given an opportunity to comment on a draft copy of my decision.

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What I found

5. Mr X says the Council charged him business rates from 2009 for a building which had multiple business occupants. He disputed liability orders obtained by the Council in the years from 2010 and he says he should not have to pay rates for the whole premises.
6. In July 2018 the Council filed a petition at the court for bankruptcy proceedings against him. Mr X attended the court hearing in February 2019, but he was late arriving and missed the judgement against him.
7. The Ombudsman will not exercise his discretion to investigate Mr X’s complaint now which was made outside the normal 12-month period. We have no authority to investigate complaints about matters considered by a court. Mr X says he has appealed against the court decision and applied to the Valuation Office Agency to reconsider his liability for the premises.

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Final decision

8. The Ombudsman should not exercise his discretion to investigate this complaint. This is because the complaint concerns matters which Mr X was aware of more than 12 months before he complained to us. We cannot consider complaints about matters which have been subject to court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman