Summary: We will not investigate Ms X’s complaint about the Council’s failure to share information with her about the business rates record of another person. There is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council refused to explain why it had not collected business rates from a third party, who she said had been occupying land she owns.

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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.

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

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X asked the Council to explain why it was not collecting business rates from a third party who was occupying land she owns.
6. We would not expect the Council to provide information it holds about third parties because that would likely be a breach of data protection law. Whether or not the third party is paying business rates or should be doing so is a matter between the Council and the third party. We will not investigate further because there is insufficient evidence of fault to justify our involvement.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman