Summary: We will not investigate this complaint about the Council commencing legal proceedings for unpaid business rates. This is because the complainant received a summons to attend court which marks the commencement of legal proceedings. We have no legal jurisdiction to investigate in such circumstances.

The complaint

1. The complainant (Mr H) is making a complaint about the Council initiating court proceedings against him for unpaid business rates in respect of a property has never been liable to pay this to. Mr H says the Council acknowledges there was an error when initiating liability proceedings against him in the magistrates’ court.
2. In summary, Mr H says he has had to spend time rectifying this error when he could have been working which meant he suffered a loss of income. As a desired outcome, Mr H wants the Council to compensate him his loss of earnings.

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The Ombudsman’s role and powers

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).
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

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

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My assessment

6. By law, we cannot investigate this complaint or any matter which has been subject to legal proceedings. When a magistrates’ court issues a summons for unpaid business rate, this is because the Council has applied for this. When a summons was issued to Mr H therefore, this marked the commencement of legal proceedings and the question of liability can be defended as part of those proceedings. I recognise what Mr H says that the Council accept an error, but we have no discretion to investigate once a matter proceedings commence.
7. In any event, I note Mr H seeks compensation for a loss of earnings due to the time spent dealing with the Council. We would not investigate such a matter were any of the fault alledged separatable from the legal proceedings. This is because it would involve a question of law best suited to the structures of litigation through the courts. Further, we do not provide compensation and our remedies are not intended to be punitive or seek to punish an organisation. We also have no powers to enforce an award of damages. It would reasonable therefore for Mr H to take court action about the recovery of any loss of earnings he has suffered.

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Final decision

8. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman