The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s handling of her personal data, a data breach and a failure to apply a council tax exemption. The information Commissioner’s Office is better placed to consider her complaints about data handling and there is a right of appeal to a tribunal about council tax exemption decisions.
The complaint
Ms X complains about the Council’s handling of her personal data, a data breach and that it has failed to apply a council tax exemption to her account.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
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 another body better placed to consider this complaint.
(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
We will not investigate Ms X’s complaints about its handling of her personal data and a data breach. The Information Commissioner’s Office (ICO) is the UK’s independent regulator of information rights, data handling and data protection matters. The ICO is better placed to consider this complaint.
Ms X also complains the Council has failed to apply a council tax exemption. We cannot determine whether a person is entitled to an exemption, only the Valuation Tribunal can do this. If she disagrees with the Council’s decision related to what exemptions she is entitled to, it is reasonable for her to appeal to the tribunal.
Final decision
We will not investigate Ms X’s complaint because the Information Commissioner’s Office is better placed to consider her complaints about data handling and it is reasonable for her to appeal to the Valuation Tribunal if she disputes the Council’s decision related to an exemption entitlement.
Investigator's decision on behalf of the Ombudsman