Summary: We cannot investigate this complaint about the Council’s legal proceedings in a business rates matter. We have no power to investigate the taking of court action and only a court can decide liability for business rates.

The complaint

1. Mr X complains about how the Council took legal proceedings against him to claim outstanding business rates.

Back to top

The Ombudsman’s role and powers

2. 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.)

Back to top

How I considered this complaint

3. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Mr X says the Council has obtained a liability order against him through court without his knowledge, and has failed to properly engage with him.
5. The matter has been subject to legal proceedings in court which places it outside our jurisdiction, so we cannot investigate.

Back to top

Final decision

6. We cannot investigate this complaint, because we have no power to investigate court action and only a court can decide on liability for business rates.

Back to top

Investigator's decision on behalf of the Ombudsman