Medway Council (20 004 207)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 21 Oct 2020
The Ombudsman's final decision:
Summary: Mr X complains that the Council held him liable for business rates on a property and refused rate relief. The Ombudsman will not investigate this complaint because this matter was considered by the court, and the liability and rate relief matter is premature as the Council is reviewing his request.
The complaint
- Mr X complains that the Council held him liable for business rates on a property and refused rate relief.
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 the Council issued a business rates (for 2016/17) bill for a church in which he is a pastor. He says that the church is a charity and should be entitled to full business rate relief.
- Any dispute about liability for business rates is a matter for the courts. The courts are an expert body and their decisions are binding on the Council. The court considered the original bill in 2016 (for a higher sum). However, the Council reviewed the bill in 2018 and reduced the amount and issued a new bill.
- The Council says that they do not believe that rate relief should apply in this case as they consider Mr X is the liable party. However, they say they are reviewing the liability question and, if the church is held liable they will review the question of rate relief.
- I consider that the Ombudsman should not investigate this matter until the Council has reviewed the further documentation Mr X has produced. Whilst Mr X may complain again to this office, the Ombudsman must consider whether the court can determine the new bill.
Final decision
- I do not intend to investigate this complaint because, whilst the matter has been considered by a court, the matter is premature as the Council is currently reviewing the liability and rate relief issue.
Investigator's decision on behalf of the Ombudsman