Source · SPSO (Scottish Public Services Ombudsman)

Business Stream

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201508759 Sector Water Category incorrect billing Decided 01 May 2017

Full decision

Summary

Mr C complained that Business Steam failed to act reasonably in respect of backdating his water charges. Mr C's complaint concerned two adjacent properties (property A and property B) that he rented over a period of some years. Mr C initially rented property A for approximately three and a half years. During this time, there was cyclical re-evaluation of the properties; however, as a cyclical re-evaluation, this was not reflected in billing, consistent with Business Stream's policies. Approximately 18 months later, Mr C also rented property B. He continued to rent both property A and property B for approximately three years. Mr C then ceased to occupy property A. At this point, the Scottish Assessor's Association updated the records to merge the properties retrospectively for the period Mr C occupied them both, increasing the value of the properties to account for the re-evaluation. Business Stream sought to backdate Mr C's water charges for this period. Mr C disputed Business Stream's basis for the charges.

After considering the relevant Rateable Value Policy, and obtaining independent advice from a water policy consultant, we upheld Mr C's complaint. We found that Business Stream had backdated Mr C's water charges based on a later version of their Rateable Value Policy; however, the version of the policy in force at the relevant time specified that water charges would not be backdated in this manner.

We recommended that Business Stream re-assess Mr C's charges, and apologise to him.

Recommendations

We recommended that Business Stream: evidence that they have re-assessed the backdating of charges for the relevant period, to take into account the findings of this investigation; evidence that they have re-assessed charges from a specific date to ensure that they take into account the appropriate rateable value; and apologise for the failings this investigation has identified.

Related reading

View Decision Report 201508759 as a PDF (13.12 KB) Updated: March 13, 2018

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