William Eichler 17 October 2019

Ombudsman criticises councils for how they chased historic business rate debts

Two London councils have been criticised by the Local Government and Social Care Ombudsman for the way they tried to recover historic business rate debts.

In one case, the London Borough of Islington had tried to recover debts going back to the early 2000s from a woman who told the council she was not liable.

Ombudsman Michael King’s investigation concluded that the council was at fault for delaying trying to trace the woman for 16 years. The delay meant the woman was not able to challenge the decision because she no longer had the evidence.

In another case, London Borough of Haringey decided to start bankruptcy proceedings against a woman for business rates of more than £50,000 based on an incorrect assessment of her assets, including the value of her home.

Mr King concluded that the council would not have started bankruptcy proceedings had it done its calculations properly and followed its policy.

‘While councils have every right to pursue people who do not pay their tax or business rates, they should also do this without undue delay and not let debts drift to such an extent.

‘Any decision to pursue an historic debt should be based on sound evidence it is fair, appropriate and reasonable to do so.

‘To take someone to court for bankruptcy is a very serious matter and, in the Haringey case, the council based its decision on a flawed assessment. This has had significant financial and emotional consequences for the woman.

‘I now call on both authorities to consider my recommendations and accept the improvements I have recommended they make.’

A spokesperson for Islington council responded: ‘We accept the Ombudsman’s findings and have agreed to write off the debt, to reimburse money paid by the individual and to make a payment in acknowledgement of the case.

‘We are also reviewing our council tax and business rate collection policies to take the findings into account.’

A Haringey Council spokesperson said: 'In response to the report, we have agreed to pay the debtor £3,400 and accept that we made a miscalculation in the original valuation of the property. We want to be clear that we would only ever pursue bankruptcy orders as a last resort and understand that this can cause distress. However, the debtor still owes the council a substantial sum of money which we have been unable to recover over a number of years.

'We have been – and will continue to be – in communication with the debtor about finding a way forward.'

SIGN UP
For your free daily news bulletin
Highways jobs

Finance Assistant - Banking, Controls & Reconciliation

Essex County Council
Up to £25081.00 per annum
Finance Assistant - Banking, Controls & Reconciliation Fixed Term, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Park Operations Assistant

Essex County Council
Up to £25959.00 per annum
Park Operations AssistantPermanent, Part Time£25,959 per annumLocation
Recuriter: Essex County Council

Science Teacher

Durham County Council
£32,916 - £51,048
Science Teacher M1- UPS3 £32,916 - £51,048 Permanent, Full time Required as soon as possible The Woodlands EHN Team is seeking to appoint a qualified Ferryhill
Recuriter: Durham County Council

Hospitality and Catering Instructor

Durham County Council
£27,663 - £37,875 Instructor Scale B
WHAT IS INVOLVED? The team at Aycliffe Secure Centre provide a caring, trauma informed and aspirational environment for young people aged between 10 a Newton Aycliffe
Recuriter: Durham County Council

Lawyer Contracts and Procurement

Durham County Council
£47,181 to £51,356 p.a. (Grade 13)
An exciting opportunity has arisen for a Contracts and Procurement Lawyer to work at Durham County Council as part of the Legal and Democratic Service Durham
Recuriter: Durham County Council
Linkedin Banner