The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax enforcement because it is a matter for the courts. Part of the complaint is for the Information Commissioner.
The complaint
Mr X complains that the Council improperly obtained a Liability Order and Attachment of Earnings Order.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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
Mr X complains that the Council improperly obtained a Liability Order against him for unpaid Council tax and then obtained an Attachment of Earnings Order for deductions from his wages. He says that this is also a data breach.
The Council says that the information and Liability Order (and subsequent Earnings Order) was obtained legally.
Any dispute about the legality of a Liability Order is for the courts and not the Ombudsman. Any dispute about a data breach is for the Information Commissioner’s office.
Final decision
We will not investigate Mr X’s complaint because it is a matter for the courts and the Information Commissioner.
Investigator's decision on behalf of the Ombudsman