Eastbourne Borough Council (22 001 200)
The Ombudsman's final decision:
Summary: Ms X complains that the Council has failed to provide an explanation of her Business rates refund. We will not investigate this complaint because the Council has now provided that explanation and any liability issues are for the court.
The complaint
- Ms X complains that the Council has failed to provide an explanation of her Business rates refund.
The Ombudsman’s role and powers
- 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)
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 had an opportunity to comment on my draft decision.
My assessment
- Ms X disputes the amount of Business rates refund offered by the Council. She says that the Council has not provided a detailed explanation of how they calculated the refund.
- The Council wrote to her on 10 May 2022 providing that explanation. I am satisfied that this is an appropriate response to this complaint and the matter is now remedied.
- If Ms X considers that her current Business rates liability is incorrect she can obtain a determination through the courts
Final decision
- I do not intend to investigate this complaint because the matter has been remedied and can be determined by a court if still in dispute.
Investigator's decision on behalf of the Ombudsman