The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's handling of a business rates account as it is unlikely we will find fault, or fault causing a significant injustice, by the Council.
The complaint
Mrs X complains she was harassed by e-mail by the Council for information about her tenant in respect of business rates liability. Mrs X says she was recuperating from a serious illness at the time and found it difficult to cope with the Council's demands.
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, or fault causing a significant injustice, to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is unhappy as she says the Council sent her several emails about the occupancy of her business premises. Mrs X says she did her best to provide the information that was required but found it difficult as she was seriously unwell at the time. Mrs X found the Council's emails to be threatening.
While I recognise that Mrs X remains unhappy about how the Council handled this matter, we will not investigate as I consider it is unlikely we will find fault if we did so. The Council is duty bound to collect business rates and must make any enquiries it considers necessary to ensure the correct person is billed. I understand this may this may have caused Mrs X some inconvenience and stress, made worse undoubtedly as she was ill at the time, but this does not equate to evidence of fault by the Council. Even if there was clear evidence of fault, this is not a complaint that we would take further as from our perspective, the injustice claimed is not sufficient to justify our further involvement. We have limited resources and must direct them to the most serious of cases. I do not consider this to be such a case For these reasons we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council, or of a significant injustice being caused to Mrs X.
Investigator's decision on behalf of the Ombudsman