The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his business rates account. This is because there is not enough evidence of fault and Mr X has appealed to the Valuation Office.
The complaint
Mr X complains about the Council’s handling of his business rates.
The Ombudsman’s role and powers
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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
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 owns a building which is liable for business rates. In 2025 the Valuation Office decided a part of the property not previously liable for business rates was liable. Mr X has appealed to the Valuation Agency.
Mr X complained to the Council. He said the Council offered to hold his business rates pending the appeal and should honour this offer.
I will not investigate this complaint. Based on the information I have seen, there is not enough evidence of fault to justify an investigation by the Ombudsman. The Council has a legal duty to collect business rates at the level set by the Valuation Office. The Council said it has agreed a temporary payment arrangement with Mr X until the appeal is determined.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman