Summary: We will not investigate this complaint about a dispute for business rate payments. This is a matter for the courts.

The complaint

1. The complainant, I shall call Ms J, disputes liability for business rates.

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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 considered information provided by the Ms J and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms J says that a property she owns was rented by a tenant who left August 2019. But she did not have control of the premises following a court order in January 2020. The Council decided that Ms J was liable for Business Rates from April 2020 to March 2021.
6. Ms J disputes this decision and says the Council should waive the requirement for her to pay.
7. Only a court can determine legal liability for Business Rates where there is a dispute. Should the Council enforce the debt against her, Ms J will have the opportunity to provide evidence to dispute such liability in court.

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Final decision

8. We will not investigate Ms J’s complaint because only the court can decide whether Ms J is liable to pay the business rates.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman