London Borough of Waltham Forest (24 005 424)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 27 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s business rates account. This is because an investigation will not usefully add to that already undertaken by the Council or lead to a different outcome.
The complaint
- Mr X complains about the Council’s handling of his business rates bill. He says despite confirming he had a reduced amount to pay for the year 2023/2024 which he promptly paid, it is now claiming he owes additional fees which have arisen due to its own error. He says this has caused an undue financial burden and confusion.
The Ombudsman’s role and powers
- 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
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant, including the Council’s response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X has a business rates debt with the Council. In error, the Council allocated payments he made which should have gone to reduce his debt for previous years and instead allocated them to the current year’s liability.
- In responding to Mr X’s complaint about the matter, the Council apologised for its error and the confusion caused to him as a result. However, it correctly pointed out that the amount Mr X has to pay has not changed. He is not liable for additional charges and instead the amount he owes remains the same.
- While Mr X was confused by the Council’s error and information he received about his account as a result, it has explained the correct position and there are no outstanding issues which require investigation by the Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because an investigation will not usefully add to that already undertaken by the Council or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman