Summary: We will not investigate this complaint about Business rates because there is no evidence of fault by the Council and he has appealed to the Valuation Office Agency (Valuation Office Agency).

The complaint

1. Mr X complains about a Business rates debt which he disputes.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X owns a building which is liable for Business rates. Between 2020 and 2022 part of the property was not liable for Business rates whilst the other part was. Mr X has appealed to the Valuation Office Agency as to whether the whole property should be considered as one. This is a matter for the Valuation Office Agency with a further right of appeal.
7. Mr X disputes his bill. The Council says that his payments (according to his bank statement) do not match the bill. The Council has provided details of his bill. Mr X has now increased his monthly payments to pay off any arrears.
8. The liability for Business rates is now a matter for the VOA and not the Ombudsman. I have seen no evidence that there has been fault in the Council’s enforcement of the Business rates debt.

Back to top

Investigator's decision on behalf of the Ombudsman