Summary: We will not investigate this complaint about the Council’s handling of a business rates account. This is because there is no significant outstanding injustice to warrant an investigation.

The complaint

1. Mrs X complains the Council sought payment of business rates for a period from 10 years ago. She disagrees with the liability order the Council obtained in court and says that empty premises relief should have applied.

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The Ombudsman’s role and powers

2. We 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. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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).

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How I considered this complaint

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

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My assessment

5. The Council obtained liability orders for business rates for Mrs X’s business premises in 2015. In late 2024 it sent Mrs X notices to pay the outstanding rates.
6. Mrs X challenged the service of the liability orders and the charge because she said the premises was empty for a period. She said there were procedural errors and Council’s delay was unacceptable.
7. The Council replied Mrs X was aware of the outstanding debt in 2015 and she had not requested an empty property relief earlier. But it said it would consider this if she provided evidence.
8. Mrs X complained further it was unfair to pursue payment nearly ten years late.
9. In its final response the Council agreed its delay in sending bills was unacceptable. It said it would write off the full balance of over £7000.
10. Mrs X complained to the Ombudsman the Council’s actions caused her distress. While it had written off the balance, she said it should ask the court to set aside the liability orders and the Council to make service improvements.
11. We consider there is not enough significant outstanding injustice to warrant investigation. The Council does not accept there was fault in the amount charged or procedural fault. However, it said wrote of the full balance due to its delay.
12. We cannot investigate court matters, so the liability orders are out of our jurisdiction.

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Final decision

13. We will not investigate Mrs X’s complaint because there is no significant outstanding injustice to warrant investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman