Summary: We cannot investigate this complaint about Mr X’s liability for unpaid business rates and subsequent Council enforcement action. This is because this matter has already been considered by a court.

The complaint

1. Mr X complains the Council provided incorrect information to the courts, who then wrongly issued a liability order against him for unpaid business rates.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. We cannot investigate this complaint. Mr X’s liability for unpaid business rates has been considered by a court. We cannot investigate where a court has already considered the matters raised.
6. Councils can use enforcement agencies to recover unpaid debts, where a court has issued a liability order. As Mr X’s liability has been considered by the court, we cannot investigate this.

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Final decision

7. We cannot investigate Mr X’s complaint because the matter has already been considered by a court.

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Investigator's decision on behalf of the Ombudsman