The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to provide information to the Valuation Office Agency. We consider further investigation will not lead to a worthwhile outcome. Also, Ms X’s complaints about the Council’s failure to act on complaint about planning, licensing and environmental health issues are made too late. We have seen no reason why Ms X could not have contacted us much sooner on these points.
The complaint
Ms X is the executor of an estate. She says the Council has failed to take action against a breaches of planning control, licensing and environmental health issues for a site where she inherited half of the buildings. She also complaints the Council failed to provided relevant information to the Valuation Office Agency (VOA).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complains the Council has failed to act on repeated reports of properties not being registered for non-domestic (business) rates.
The VOA sets the rateable value for business premises. Ms X says VOA told her it had not been advised of by the Council of any potential non-domestic rating matters connected to the site.
However, the Council confirms it carried out a site inspection and sent all relevant details to the VOA. I cannot say why the VOA told Ms X it had not received any information from the Council. However, on the balance of probabilities I am satisfied the Council passed the relevant findings to the VOA for review.
The Council is not responsible for setting the rateable value for business rates. I consider further investigation on this point is unlikely to lead to a worthwhile outcome.
Ms X also says she has raised concerns about planning, licensing and environmental health matters going back several years.
The law says a complaint must be made to us within 12 months of the person becoming aware of their concerns. Ms X has stated she has been complaining to the Council for years, and attended a multi department meeting about her concerns in 2023. The complaint is late and I have seen no reason why she could not have contacted us much sooner.
Final decision
We will not investigate Ms X’s complaint because: We consider that further investigation of her concerns about a failure to provide information to the VOA will not lead to a worthwhile outcome; and Ms X’s complaints about planning, licensing and environmental health matters are made too late.
Investigator's decision on behalf of the Ombudsman