The Ombudsman's final decision
Summary: We will not investigate this complaint about Business rates liability because this is a matter for the Valuation Office Agency; a body out of jurisdiction. Any liability can also be challenged in the court.
The complaint
Mr X complains that the Council holds him liable for business rates on a property. He says that he should only be liable for part of the building.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Valuation Office Agency. (Local Government Act 1974, sections 25 and 34(1), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X disputes liability for Business rates for extra two offices.
The Council says that this is a matter for the Valuation Office Agency to determine.
Ultimately Mr X can argue his lack of liability in the magistrate’s court were the Council to enforce the liability.
The Valuation Office Agency is a body out of jurisdiction and the courts can determine this dispute; the Ombudsman cannot do this and will not therefore investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because this is for a body out of jurisdiction or the courts.
Investigator's decision on behalf of the Ombudsman