Summary: We will not investigate this complaint about the recovery of business rates arrears. An investigation is unlikely to lead to a significantly different outcome.

The complaint

1. Miss X complains an enforcement agent pressured her business into an unaffordable arrangement to repay business rates arrears, and the Council failed to oversee the agent’s actions. Miss X says the business then had to take out a loan to cover costs, and the Council’s actions distressed her. Miss X wants the Council to review and monitor its relationship with the enforcement agent.
2. Miss X also complains about how the Council handled her complaint.

Back to top

The Ombudsman’s role and powers

3. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X’s business had a business rates debt. The Council instructed an enforcement agency to collect the debt. The enforcement agency told Miss X the business had four weeks to settle the debt.
8. Two weeks later, Miss X told the Council the repayment arrangement would put the business into wage arrears and asked the Council to consider an alternative arrangement. The business then took out a loan to cover staff wages and paid off the remaining rates arrears.
9. The Council says the arrears were paid off before it had an opportunity to consider the proposed alternative arrangement but apologises for the pressure the business felt under the agreed arrangement.
10. The Council has said the enforcement agent’s conduct fell short of its expectations, and that it will be monitoring the agent. As a symbolic payment for the distress Miss X faced, the Council has offered to refund the enforcement fees. The remedy is within the range of what we would recommend, and an investigation is unlikely to lead to a significantly different outcome. So, we will not investigate this complaint.
11. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to investigate the substantive issue.

Back to top

Final decision

12. We will not investigate Miss’s complaint because an investigation is unlikely to lead to a significantly different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman