The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his application for charitable business rates relief. This is because the courts are better placed to consider whether Mr X’s company is eligible for the relief.
The complaint
The complainant, Mr X, complains the Council has failed to respond to his requests for an inspection of business premises in order to process his applications for charitable business rates relief for 2021 and 2022.
The Ombudsman’s role and powers
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
While Mr X’s complaint concerns the Council’s failure to arrange inspections the substantive issue concerns its refusal to award the company charitable relief; this is the cause of the injustice he claims.
The Council may take action to recover any unpaid business rates and if Mr X believes his company should receive the relief he may argue this in its defence at court. The courts are better placed to consider the matter and may decline to confirm the debt by issuing a liability order if they believe Mr X’s company is entitled to relief which the Council has failed to apply.
Final decision
We will not investigate this complaint. This is because the substantive issue concerns the Council’s refusal to award charitable relief and the courts are better placed to consider any challenge to its decision.
Investigator's decision on behalf of the Ombudsman