Trafford Council (20 004 166)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 07 Oct 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council has found him liable for Business rates on a property which he disputes. The Ombudsman will not investigate this complaint because this is a matter for the courts.
The complaint
- Mr X complains that the Council has found him liable for Business rates on a property which he disputes.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X says that he is a trustee of a freeholder of a property. He says the property was taken over by administrators in 2019 and the property handed to him.
- He says that the Council decided he is the occupier and held him liable for Business rates on the property.
- Only a court can decide whether or not Mr X is liable for the Busines rates on the property. The court is an expert body and its decision will be binding on the Council. The Council will have to make its case to the court to enforce the debt and Mr X will have an opportunity to dispute the Council’s assertion.
Final decision
- I do not intend to investigate this complaint because this is a matter for the courts.
Investigator's decision on behalf of the Ombudsman