Birmingham City Council (22 002 193)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 30 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Business Rates liability as this is a matter for the courts and the Information Commissioner’s Office.
The complaint
- Mr X complains that the Council has held him liable for Business Rates on a property which had been rented out to a tenant (who Mr X says should be liable).
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)
- The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So, where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council has belatedly sought Business Rates from him for a property he had previously let to a tenant who did not pay the rates at the time.
- He says he has made a Subject Access Request for further information from the Council who has not responded.
- Any decision about liability for Business Rates can only be determined independently by the courts; the Ombudsman cannot do this. If the Council pursues the claim against Mr X he will have the opportunity in court to make his arguments.
- Any dispute about access to information is a matter for the Information Commissioner’s Office.
Final decision
- We will not investigate Mr X’s complaint because it is a matter for the courts and Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman