The Ombudsman's final decision
Summary: We will not investigate this complaint about Business rates recovery because the matter is out of time.
The complaint
Ms X complains that the Council is seeking to recover Business rates previously paid to her in error.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council (and her MP) in 2021 that the Council decided to recover a Business Support Grant and associated rate relief on her property. The Council explained that, whilst they accepted that it was not a fraudulent act by Ms X, nevertheless, the Council had the right to recover the sums. A court order was obtained against her in 2022. Bailiffs visited her to enforce the debt in 2024.
Ms X was aware of the matter in 2021 and I see no reason why the complaint could not reasonably have been made to this office within 12 months of that date. The complaint is therefore out of jurisdiction as it is out of time.
Final decision
We will not investigate Ms X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman