Summary: We will not investigate Mr X’s complaint about the Council’s decision to end his Small Business Rate Relief. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council removed his entitlement to Small Business Rate Relief. He says the Council started enforcement action without considering this would cause him financial hardship.

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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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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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. Mr X claimed Small Business Rate Relief for his business premises. He also rented another unit which he says he used to store his cars. The Council only allowed Mr X to claim rate relief for his business premises for 12 months.
6. Mr X complained to the Council. The Council said that, in line with the law, it could not extend the rate relief because the unit had a rateable value above £2,899. It said the law does not allow exemptions based on how the unit is used. It sent Mr X an application for its Hardship Relief scheme for businesses.
7. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I will not investigate this complaint because the Council has complied with its legal duty and offered to help Mr X through its discretionary scheme.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman