Summary: Mr X complains that the Council incorrectly sent him a business rate charge for a property which caused him distress. The Ombudsman will not investigate this complaint because the Council has waived the charge and the Ombudsman would not seek any further remedy in this matter.

The complaint

1. Mr X complains that the Council incorrectly sent him a business rate charge for a property which caused him distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. 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, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

5. Mr X says that the Council issued a business rates bill to him for over £7,000 for backdated business rates on a property he owned. The Council says that business rates relief had been paid on the property in error which led to the new bill.
6. The Council has now waived recovery of the bill but Mr X seeks compensation for the stress caused by the issuance of the bill.
7. Had the Council not awarded business rates relief in the first place (the alleged fault) Mr X would have had to pay business rates on the property concerned. Whilst the receipt of the bill was upsetting, the Council’s waive of the bill is, in my view, a reasonable settlement of that complaint as Mr X no longer has to pay the business rates on that property.

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Final decision

8. I do not intend to investigate this complaint because the Council has waived recovery of the bill and this is a reasonable settlement of the complaint.

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Investigator's decision on behalf of the Ombudsman