Summary: We will not investigate this complaint about the Council’s calculation of business rates. We cannot investigate matters that have been considered in court.

The complaint

1. Mrs X complains the Council demanded more business rates than were owed by her mother, Mrs Y. She says an enforcement agent broke the law when visiting the business to collect the debt.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. 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

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

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My assessment

6. The magistrate’s court issued a liability order holding Mrs Y liable for the business rates claimed.
7. I cannot question the decisions of a court so cannot investigate this part of the complaint.
8. The Council investigated Mrs X’s complaint about the enforcement agent’s visit. It says the agent gave written notice before the visit. It also considered evidence from the agent’s body-worn video camera. The Council did not uphold this complaint. I have not found evidence of fault in how the Council made its decision.
9. Mrs X complained the agent assaulted a man. The police are better placed to deal with this part of the complaint.
10. Mrs X complained the agent recorded children during the visit. The Information Commissioner’s Office (ICO) is better placed to deal with this part of the complaint.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

12. We will not investigate Mrs X’s complaint about business rates liability because it has been considered in court. We will not investigate Mrs X’s complaint about an enforcement agent because there is not enough evidence of fault, and other bodies are better placed to deal with it.

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Investigator's decision on behalf of the Ombudsman