London Borough of Waltham Forest (23 009 464)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 21 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council taking recovery action for unpaid business rates owing from 2011. The debt was subject to a liability order obtained in the courts and we have no authority to investigate matters subject to court proceedings.
The complaint
- Mr X complained about the Council recovering unpaid business rates from him in 2022 which he says he is not liable for. He says it was unreasonable for enforcement agents to visit him for a matter dating back to 2011 and that he had no prior notification of the debt which the Council says he owes.
The Ombudsman’s role and powers
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered the information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X owned a business in 2010. He says he told the Council he closed the business before 2011 when he leased the premises to another party. The Council was not satisfied that the lease was valid and maintained that he was liable for the business rates. In 2012 he sent emails to show the premises were empty. The Council says he was still liable for the empty rate for part of 2011.
- The Council sent summonses to the address they held for Mr X, but he did not reply. It obtained a liability order from the Magistrates Court against Mr X in 2011 but no payment or response was made by him. In 2022 the Council identified Mr X at a new address. It issued him with a bill for the period he owed but did not receive a reply until it passed the debt to enforcement agents who issued an enforcement notice.
- Mr X complained to the Council and said he had not had any information about his debt or the liability order. The Council says he had not provided any new addresses since the order was served and that even though it was from 11 years ago, the order was still enforceable because the statute of limitations on time does not apply to these orders.
- We cannot investigate complaints about matters which have been subject to court proceedings. Mr X disputes the business rates liability but only the courts can decide whether someone is liable for business rates, there is no appeal to a tribunal.
Investigator's decision on behalf of the Ombudsman