The Ombudsman's final decision
Summary: We will not investigate this complaint about Business rates advice because the matter is out of time.
The complaint
Ms X complains that the Council misled her about her Business rates liability when she set up her business.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that she asked the Council whether her planned business would be liable for Business rates and she was told that no rates were payable. However, she later found that this advice was wrong and she faced a large bill which forced her to close her business.
She says that she closed the business in 2019 but the bailiffs are still enforcing the debt.
A complaint about wrong advice should have been made to this office within 12 months of discovering that the advice was wrong. I see no reason why such a complaint could not have been made in time and therefore this complaint is out of jurisdiction.
Final decision
We will not investigate Ms X’s complaint because it is out of time.
Investigator's decision on behalf of the Ombudsman