Summary: We will not investigate this complaint about business rates relief. The Council has now awarded rates relief. It is unlikely we would achieve significantly more now.

The complaint

1. Mr X’s representative, Mr Y, complained the Council had not given the correct business rates relief to Mr X’s business and had not replied to a complaint about this. Mr Y said this meant Mr X was paying more business rates than he should.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant’s representative and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. When Mr Y first complained to us, he wanted the Council to give Mr X the relevant business rates relief. After we contacted the Council asking about the complaint, the Council reviewed the matter and awarded the rates relief retrospectively. That achieved what Mr X wanted. I appreciate Mr Y’s business paid more rates in the meantime. The Council told us it is reducing Mr Y’s future instalments accordingly. It is unlikely we would achieve significantly more by pursuing this point.
7. The Council also accepted it had not dealt with the complaint until we contacted it. I appreciate that caused some uncertainty and Mr X had to chase a response. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are not investigating the substantive issue. We have noted what happened here in case we find a pattern in the Council’s complaint-handling over time, but we shall not take further action on this individual complaint.

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Final decision

8. We will not investigate Mr Y’s complaint. It is unlikely we would achieve significantly more on the substantive point about rates relief. It would be disproportionate to investigate the Council’s complaint-handling in isolation.

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Investigator's decision on behalf of the Ombudsman