The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council set annual rent for a carpark. There is not enough evidence of fault in how the Council made its decision to justify our involvement.
The complaint
Mrs X complained about the annual rent the Council had set for a carpark. She said the Council’s rate did not reflect the rateable value of the land as advised by the Valuation Office Agency. She said the charges were having a significant impact on her business. She wants the Council to renegotiate the rental charges.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mrs X’s complaint about how the Council decided the rent for the carpark. That is because there is not enough evidence of fault in the steps the Council took when deciding the rent to justify our involvement. The Council’s final complaint responses confirms it considered independent valuation advice, site specefic factors and comments from Mrs X in determining the rental charges. It said it had already reduced the proposed rent and would not reduce it further.
The rateable value stated by the Valuation Office Agency does not determine the rent the Council can charge; it is for the Council to decide an appropriate rent based on available information. It has done this. It is Mrs X’s choice whether to rent the carpark from the Council or not.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.
Investigator's decision on behalf of the Ombudsman