Summary: Mr X complains about the Council’s enforcement of a business rates debt. We will not investigate this complaint because this was a matter for the court.

The complaint

1. Mr X complains about the Council’s enforcement of a business rates debt.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. 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

4. Mr X says that he was sent a business rates bill in 2014 for a previous business of £14935. He says he was then sent a bill for an additional £4,800 which he disputes and he argues he had paid this. He disputes the Council’s assertion that he was sent a bill in 2019. As a result, bailiffs visited him to enforce the outstanding debt.
5. The matter had been taken to court by the Council after Mr X had been issued a summons. The Council says that Mr X has not provided any proof of any payments over and above those noted in their accounts (which show the outstanding £4,800).
6. Any dispute about the liability for the bill and its accuracy could only be considered by the court when the Liability Order was obtained. The Ombudsman could not do this. Further, the Council has provided a detailed breakdown and chronology of payments. If Mr X has proof that he made additional payments then it is open to him to provide that evidence to the Council.

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Final decision

7. I do not intend to investigate this complaint because this was a matter for the court.

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Investigator's decision on behalf of the Ombudsman