Summary: We will not investigate Mr X’s complaint about his request for the Council to reduce the empty rate business rates charge for premises which he owns. There is no fault on the Council’s part for recovering the unpaid rates. The Valuation Office Agency is the body which deals with valuation matters and it is better placed to consider his challenge to the billing.

The complaint

1. Mr X says the Council has not accepted his request for a reduction of the valuation of his business premises rates to a nominal sum. He says he decide to renovate his property during the COVID-19 pandemic lockdown because he was unable to open. He believes his premises could not be considered to be operated as a business during the renovations and so he should not have to pay the full empty rate.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X bought a pub business in early 2020 and was unable to open for business before the pandemic lockdown in March. Because of this he did not qualify for any business support grant paid by central government and distributed by local councils. He decided to carry out major refurbishment works during the closed period and says the building works made the premises incapable of beneficial occupation.
6. The Council served Mr X with a summons for the unpaid rates in 2021. He says this was unfair as he did not open the premises until September 2020, and he should have an exemption from empty rates for the closed period. The Council advised him that it is only the billing authority and that if he wanted to challenge the rateable value or appeal against it, he would have to do so to the Valuation Office Agency which decides business rates values.
7. The Council withdrew the summons and arranged for him to pay the debt monthly by instalments to allow him time to challenge the valuation with the Agency.
8. The Council does not set the business rates to be recovered and it was reasonable for Mr X to challenge the full empty rate charge with the Valuation Office Agency if he believes the premises could not be occupied.

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Final decision

9. We will not investigate Mr X’s complaint about his request for the Council to reduce the empty rate business rates charge for premises which he owns. There is no fault on the Council’s part for recovering the unpaid rates. The Valuation Office Agency is the body which deals with valuation matters and it is better placed to consider his challenge to the billing.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman