Summary: We will not investigate this complaint about how the Council responded to questions about Business Rates. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained the Council misled her about the amount of Business Rates due at a community hub. She said the Council would not share results of its investigation with her. Ms X said irregularities in Business Rates have caused her concern. She would like the Council to share the results of their complaints investigation and be open about Business Rates arrangements.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X said the Council misled her about business rates at a proposed community hub. She said she was told the Council did not pay business rates on vacant properties.
6. In its complaint response, the Council said there had been a misunderstanding over business rates liability. It clarified that it was possible for the Council to not pay business rates on empty units due to the application of certain exemptions, while liability for the unit still existed.
7. The Council said the information shared with Ms X was correct, but recognised the distinction between liability arising and whether the Council pays business rates on individual units was not explained clearly enough in conversations with Ms X. The Council also apologised for its delayed complaint response.
8. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council clarified its approach to business rates for empty units. It investigated Ms X’s complaint and shared the results of its investigation within its two complaint responses, including its conclusion that information shared with Ms X was accurate.
9. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman