The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s recovery of business rates or court action. We cannot investigate a complaint about the start of court action or what happened at court.
The complaint
Mr X complains about the Council’s recovery of business rates and court action taken. He is unhappy the Council took court action which resulted in court costs.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he is unhappy with the backdated charges to his business rates (rateable value).
The Council invoiced Mr X on the review of his ratable value by the Valuation Office Agency (VOA). Under this process, this decision can be appealed to VOA. I consider it reasonable for Mr X to use this right of appeal if he remains unhappy with the decision to revise his rates.
Mr X is also unhappy with the decision of the Council to take him to court regarding the resulting outstanding charges from the decision to backdate business rates. Also, the Council required him to discuss the matter in a waiting room at the courthouse.
As this matter relates to the actions taken in relation to court action, and what was discussed as part of a court process, I cannot investigate this as it does not fall within our jurisdiction.
Final decision
We will not investigate Mr X’s complaint because it is about what happened in court, and he has a right of appeal regarding the increase to the rateable value.
Investigator's decision on behalf of the Ombudsman