Summary: We will not investigate this complaint about business rates because the matter is subject to court proceedings.

The complaint

1. Mr X complains that the Council has not replied to a letter of complaint he made about business rates in 2023.

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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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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. Mr X sent a letter of complaint about business rates to the Council in 2023. Whilst the Council acknowledged it, no formal response has been received. The Council says that, as legal proceedings have commenced for business rates arrears, the matter would be out of our jurisdiction.
7. The Ombudsman would not condone a failure by the Council to respond to a letter of complaint. However, as the matter is to be heard in court, and any queries can be raised at the hearing, the Ombudsman will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because this is a matter for the courts.

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Investigator's decision on behalf of the Ombudsman