Torbay Council (21 008 047)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 24 Oct 2021
The Ombudsman's final decision:
Summary: Mr X complains about the way the Council communicated with him about a business rates matter. We will not investigate this complaint because there is no evidence of fault by the Council causing injustice.
The complaint
- Mr X complains about the way the Council communicated with him about a business rates matter.
The Ombudsman’s role and powers
- 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
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
- 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 considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
- The complainant has had an opportunity to comment on my draft decision.
My assessment
- Mr X wrote to the Council querying liability for business rates on a property. He says that the Council replies are confusing and badly written.
- I note the Council’s reply to Mr X explaining the reasons for the Council’s enquiries about liability issues. The Council also provided a chronology of events.
- I am satisfied that the Council’s enquires to establish liability were carried out without administrative fault. Any dispute about liability for business rates is a matter for the magistrate’s court.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault causing injustice by the Council.
Investigator's decision on behalf of the Ombudsman