Summary: The Ombudsman will not investigate Mrs X’s complaint about council tax support and data protection issues. This is because the Valuation Tribunal and Information Commissioner’s Office are the appropriate bodies to consider her complaint.

The complaint

1. The complainant, whom I shall call Mrs X, complains about how the Council has dealt with her council tax support. Mrs X is also unhappy with how the Council has handled her personal data.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
6. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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)

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How I considered this complaint

7. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

8. Mrs X moved address in April 2018. This led to the Council ending her council tax support. In correspondence with Mrs X, the Council has explained this happened because a new application is needed when a person moves address. When the Council wrote to Mrs X about her council tax support, it explained her rights to appeal to the Valuation Tribunal if she disagreed with its decision.
9. As well as the decision itself, Mrs X is unhappy with the way the Council has dealt with the administration of her council tax support. This includes difficulties accessing the Council’s services. For example, Mrs X says she does not use the internet and cannot afford to travel to council offices. She therefore found it difficult to provide information the Council asked for.
10. In correspondence with the Council, Mrs X has also raised concerns about it sending information to her previous address. The Council has accepted this happened, apologised, and explained why. It has also explained Mrs X can complain to the ICO if she is unhappy with its response. Mrs X also says the Council has failed to return some original documents she sent it. The Council denies this.
11. The role of the Ombudsman is to look for administrative fault. We are not an appeal body for people who disagree with decisions about council tax support. We do not investigate all the complaints we receive. In deciding whether to investigate, we need to consider the likelihood of finding fault, and if there is another body better placed to consider the matter complained about.
12. At the heart of Mrs X’s complaint is the Council’s decision about her council tax support. This is something that can be appealed to the Valuation Tribunal. It is the expert, impartial body, set up by Parliament to consider such matters. When someone can appeal to a tribunal, we normally expect them to do so, unless we consider it unreasonable. Mrs X has a number of health difficulties, but an appeal to the tribunal need not be arduous. Organisations such as the Citizens Advice Bureau can offer support. Taking this into account, and the specific role the tribunal has, it is the appropriate body to consider this part of Mrs X’s complaint. It has the expertise and knowledge to make decisions about council tax support which the Ombudsman cannot. Our involvement is not therefore appropriate.
13. Mrs X is also unhappy with the way the Council has dealt with the administration of her council tax support. I note that correspondence from the Council described various ways people could provide evidence. For example, the internet, visiting a library, or through the post. Based on the evidence available, there is not enough evidence of fault by the Council for the Ombudsman to investigate.
14. Mrs X is also unhappy with how the Council has handled her personal data. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error, mistakes in handling personal data, and failing to provide information a person is entitled to.
15. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO.
16. I consider the ICO to be in a much better position than the Ombudsman to consider this part of Mrs X’s complaint. It can decide if there have been issues with the handling of Mrs X’s personal data, and if the Council has responded appropriately. The ICO has much wider powers than the Ombudsman to act if it finds the Council has failed in its duties as a data controller. Mrs X should therefore complain to the ICO. It is the appropriate body to deal with this part of her complaint.

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Final decision

17. The Ombudsman will not investigate Mrs X’s complaint. This is because the Valuation Tribunal and Information Commissioner’s Office are the appropriate bodies to consider her complaint.

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Investigator's decision on behalf of the Ombudsman