William Eichler 17 October 2019

Ombudsman criticises councils for how they chased historic business rate debts

Ombudsman criticises councils for how they chased historic business rate debts image

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.'

The Brownfield Land Release Fund image

The Brownfield Land Release Fund

To what extent does this early initiative of the Department for Levelling Up, Housing and Communities deliver on the ‘levelling up’ agenda? Lawrence Turner reports.
For your free daily news bulletin
Highways jobs

Business Manager - HR & Training

Newark & Sherwood District Council
£50,053 to £53,388 per annum. Pay award pending.
You’ll be comfortable providing strategic and operational HR, Training and Equalities direction Caste House, Nottinghamshire
Recuriter: Newark & Sherwood District Council

Neighbourhood Highway Officers - West and North

Devon County Council
£28,672 per annum
We are seeking a recruit two Neighbourhood Highway Officers (NHO), to be based in Okehampton and Tiverton, Devon. Devon
Recuriter: Devon County Council

Corporate Director of Children’s Services

Islington London Borough Council
Competitive Salary
We are looking to appoint a visible leader where Collaboration, Ambition, Resourcefulness and Empowerment are our “Be Islington” core values. Islington, London (Greater)
Recuriter: Islington London Borough Council

Senior Engineer (Streetscene)

Hackney London Borough Council
£40,632 - £45,594
We are looking for 2 Senior Engineers to join our team to help deliver effective Capital and Revenue investments programmes to... Hackney, London (Greater)
Recuriter: Hackney London Borough Council

Assistant Director of Integrated Commissioning

Bath & North East Somerset Council
£80,108 - £86,266 per annum
We are seeking an Assistant Director of Integrated Commissioning who will be at the heart of working across... Bath, Somerset
Recuriter: Bath & North East Somerset Council

Public Property

Latest issue - Public Property News

This issue of Public Property examines how how flexible workspaces can lead the way in regeneration for local authorities, Why local authority intervention is key to successful urban regeneration schemes and if the Government’s challenge of embracing beauty is an opportunity for communities.

The March issue also takes a closer look at Blackburn with Darwen Council's first digital health hub to help people gain control over health and care services.

Register for your free digital issue