The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a council tax matter. We cannot investigate court proceedings. The Information Commissioner is better placed to consider a data breach complaint.
The complaint
Ms X complains the Council’s liability order for council tax arrears is invalid as she says it has not provided evidence it was legally obtained. She also complains the Council breached data protection rules in passing her contact details to its enforcement agent.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).
How I considered this complaint
I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Ms X raised the complaints set out in paragraph 1 to the Council.
We cannot investigate the granting of a liability order for council tax arrears as this is subject to court proceedings.
It is reasonable to expect Ms X to refer her complaint that the Council wrongly shared her information with enforcement agent to The Information Commissioner’s Office as that body is better placed to consider the matter.
Final decision
We cannot investigate complaints about matters which have been subject to court proceedings. We will not investigate Ms X’s complaint about data breaches as the Information Commissioner is better placed to consider the matter.
Investigator's decision on behalf of the Ombudsman