Westminster City Council (22 008 286)

Category : Benefits and tax > Other

Decision : Upheld

Decision date : 05 Oct 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council not providing the complainant with exemption for business rates relief. This is because the Council has recently resolved this complaint and an investigation is unlikely to achieve anything more.

The complaint

  1. Mr X complained about the Council failing to send him a form to apply for an exemption from business rates relief. He says the Council then took him to court and obtained a liability order. Mr X would like an apology and compensation.

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The Ombudsman’s role and powers

  1. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

  1. I considered information provided by the complainant. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has recently written to Mr X to say it applied the exemption to clear the debt. It also says this was after it received a recent application from Mr X for the exemption relief. And it has cancelled the liability order and court costs. These actions represent a good remedy in accord with the Ombudsman’s guidelines on remedying complaints. Further investigation is unlikely to achieve anything more.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has recently taken remedial action to resolve his complaint. And an investigation is unlikely to achieve anything more.

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Investigator's decision on behalf of the Ombudsman

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