Summary: We cannot investigate a complaint about Mr X’s liability for business rates. This is because only a court can decide liability for business rates.

The complaint

1. Mr X complains about being held liable for business rates. Mr X says the premises in question are empty and currently being repainted.

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The Ombudsman’s role and powers

2. We have the power to start an investigation into a complaint about actions the law allows us to investigate. We may decide not to start an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)).

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How I considered this complaint

3. I considered the information provided by Mr X. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X complains about the Council’s decision to hold him liable for business rates for premises that he says are not in use.
5. We will not investigate. This is because only a magistrate’s court can decide if Mr X is liable to pay business rates. If the debt remains unpaid, the Council can take steps to recover payment by issuing a court summons. This will give details of the date, time and location of a court hearing. Mr X has the right to attend court to present his case against the Council’s request for a liability order.

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Final decision

6. We cannot investigate Mr X’s complaint because only a court can decide on liability for business rates.

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Investigator's decision on behalf of the Ombudsman