Summary: We cannot investigate this complaint about Mr X’s business rates liability. This is because we have no power to investigate matters which have been subject to court proceedings.

The complaint

1. Mr X complained that he was wrongly pursued for business rates liability.
2. Mr X said the council did not consider the evidence he provided and a debt recovery process started.
3. Mr X wants the council to apologise, provide compensation and stop the debt recovery process.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained that the Council wrongly pursued him for business rates liability.
9. The magistrates’ court can decide liability for business rates. The Council applied to the court for a liability order which was granted. If Mr X believed the Council was incorrect, it would have been reasonable for him to challenge liability and the amount of business rates due at the magistrates’ court.
10. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings so we cannot investigate this complaint.

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Final decision

11. We will not investigate Mr X’s complaint because we cannot investigate a complaint about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman