Summary: We cannot investigate this complaint about business rates liability. As a court has decided Mr X is liable for the business rates, we can no longer investigate.

The complaint

1. Mr X complains the Council has wrongly held him liable for business rates for a period of time when another business was in occupation. Mr X wants the Council to accept his evidence about liability.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court (and a matter decided by the court). (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

5. Business rates liability is decided in the Magistrates’ court and in 2023, it granted a liability order to the Council, meaning Mr X was legally liable for the business rates in question. As this matter has been decided in court, as per paragraph two, we no longer have any remit to investigate.

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Final decision

6. We cannot investigate Mr X’s complaint because it is not within our legal remit.

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Investigator's decision on behalf of the Ombudsman