Summary: We will not investigate this complaint about business rates because it has been considered by a court.

The complaint

1. Mr X complains that the Council unreasonably obtained a magistrates’ court Liability Order against him for business rates which he says he does not owe.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says that he should not be held liable for business rates on a property. He says that a magistrate’s court granted a Liability Order against him.
6. The magistrates’ court decides how much rates someone should pay. A council can ask the court for a liability order. The person it thinks must pay can make their case to the court. Mr X was aware of the hearing but the court found they were liable. I cannot question the decisions of a court and so cannot investigate this complaint.
7. Mr X says that he wishes to commence legal action against the Council regarding this liability but the Council has not replied to his letter. Again, this is a matter for the courts and the Ombudsman cannot investigate this matter.

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Final decision

8. We will not investigate Mr X’s complaint because it was considered by a court.

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Investigator's decision on behalf of the Ombudsman