The Ombudsman's final decision
Summary: We will not investigate this complaint about a dispute over council tax liability. Mr X has the right to appeal the Council’s decision to the Valuation Tribunal.
The complaint
Mr X complains that the Council wrongly pursued council tax for a period where he was not liable. Mr X complains the Council ignored the evidence, relied on outdated records and mishandled his personal data.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council is wrongly chasing him for council tax. He can appeal any dispute about liability to the Valuation Tribunal, and it is reasonable for him to use that right of appeal.
Mr X is unhappy with how the Council handled his personal data. I will not investigate that the Council has committed a data breach because the Information Commissioner’s Office is better placed to consider concerns about data protection.
Investigator's decision on behalf of the Ombudsman