London Borough of Hillingdon (24 018 509)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 02 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing to backdate retail relief to the complainant’s business rates. There is insufficient evidence of fault in the way the Council has considered the matter.
The complaint
- Mr X complains the Council has refused to backdate retail relief to the business rates he paid, even though he only became aware more recently that he may have been eligible for it.
The Ombudsman’s role and powers
- We can 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. So, we do not start 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))
How I considered this complaint
- I considered information provided by Mr X and the Council, which included the Council’s complaint responses. I also considered the Ombudsman’s Assessment Code.
My assessment
- I consider there is insufficient evidence of fault, in the way the Council handled Mr X’s requests for the retail relief to be backdated to his business rates account, to justify starting an investigation. In reaching this view, I am mindful that:
- In a June 2020 email to Mr X, the Council said he may be entitled to retail relief, but that this would be from when he starts trading and that he would need to submit an application; no application was submitted.
- The Local Government Finance Act 1988 requires an application for retail relief to be made before the 30 September after the end of the financial year; in other words, it cannot be backdated after this deadline.
- On the back of the bills the Council issues, it directs service users to its website for more information on business rates and relief.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the way the Council considered his requests for backdated business rates relief.
Investigator's decision on behalf of the Ombudsman