Summary: We will not investigate Mr X’s complaint about business rates debt. We have no power to investigate matters which have been subject to court proceedings.

The complaint

1. Mr X complains the Council are pursuing him for business rates debts from a time when he was not in control of the business.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X owns a business which has outstanding business rates debt from several years ago. The debt accumulated while Mr X was not in control of the business.
8. The Council applied to the court for a liability order which was granted. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings so we cannot investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr X’s complaint. We have no power to investigate matters which have been subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman