Westminster City Council (22 016 352)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a late Business rates bill because the matter has been remedied.
The complaint
- Ms X complains that the Council sent a late Business Rates bill to her client despite the Council’s Planning Department being aware of their presence in the building and their likely liability.
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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that her client was not billed for Business Rates to two years after their liability started despite the Council’s planning department being aware of their presence.
- The Council says that it does not share information from Planning to Business Rates and that her client must have been aware that a liability for rates existed.
- Ms X does not deny liability but she says her client believed that covid measures meant that no business rates were levied during the period. She says her client was unable to budget for the rates as a result.
- Whilst there is no legal obligation on a person liable for Business rates to notify the Council of their presence, I am satisfied that Ms X’s client would have been aware that some liability existed, notwithstanding covid measures. I do not consider it reasonable to assume no liability existed because the Council did not respond after the Planning Department became aware of their presence.
- The Council has agreed time to pay off the arrears and I consider this a reasonable settlement to the complaint. Any dispute about liability or the amount of the bill is a matter for the courts.
Investigator's decision on behalf of the Ombudsman