Summary: We will not investigate this complaint about Business rates, and housing benefit as part of the complaint is out of time and there is a right of appeal to a Tribunal. There was also a court remedy available.

The complaint

1. Ms X complains that the Council held her liable for Business rates on a property she bought in 2017. She says the Council has asked for unreasonable evidence to support her claim for housing benefit.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X says that she bought a bought a property in August 2016 but says a new occupier took responsibility for the property in 2017. Ms X asked for an exemption as the property was empty. The Council asked for evidence. The liability was amended and a new bill issued to Ms X. As the bill was not paid the Council obtained a Liability Order and instructed bailiffs to enforce the debt.
9. The enforcement was suspended during covid lockdown but continued again in 2024.
10. I am satisfied that Ms X was aware of the liability and exemption matter more than 12 months ago and there is no good reason to disapply our late complaint rules. The matter is therefore out of time.
11. Further, any complaint about business rates liability and exemption is a matter for the courts. Any dispute about housing benefit entitlement can be appealed to a tribunal.
12. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.

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Final decision

13. We will not investigate Ms X’s complaint because it is out of time and could be dealt with through the courts and Tribunal.

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Investigator's decision on behalf of the Ombudsman