Summary: We cannot investigate Mr X’s complaint about costs he incurred after the Council pursued him for business rates. This has been dealt with in court and so we have no legal remit to consider this matter.

The complaint

1. Mr X complains he was wrongly summonsed to court for a business rates debt. Mr X seeks a payment from the Council in respect of his legal costs.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I have considered what Mr X said in his complaint.

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What I found

5. Mr X says the Council wrongly pursued him for business rates for an office he had told the Council was unusable. Mr X was summonsed to court. By the time of the court hearing, the Council had decided not to proceed with the case. Mr X asked the court to make a cost award and it did, but only a partial award and only in respect of Mr X’s legal costs. Mr X now seeks a further payment from the Council.
6. The court hearing took place in June 2018.

Analysis

7. As Mr X’s costs claim has been considered in court, we now have no legal remit to become involved.
8. The court hearing was in June 2018. Mr X’s complaint is also therefore made late.

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Final decision

9. We cannot investigate Mr X’s complaint about costs he incurred by the Council pursuing him for business rates as it has been considered in court and is therefore outside our legal remit.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman