The Ombudsman's final decision
Summary: We will not investigate this complaint about a Council tax discount because there is a right of appeal to Valuation Tribunal. Further, a dispute about data protection is a matter for the Information Commissioner.
The complaint
Ms X complains about the removal of her single occupancy Council tax discount. She is also concerned about the protection of her data.
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.
The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
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 her single occupancy Council tax discount was removed unfairly. She is also concerned about the use (and future use) of her data.
Any removal of a Council tax discount can be appealed to a Valuation Tribunal.
The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Any dispute about data protection is a matter for the Information Commissioner.
Final decision
We will not investigate Ms X’s complaint because there is a right of appeal to a Valuation Tribunal and it is a matter for the Information Commissioner.
Investigator's decision on behalf of the Ombudsman