Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s refusal to award Council Tax Reduction and the loss of his documents. Mr X has a right of appeal to the Valuation Tribunal. The Information Commissioner’s Office is the body best placed to deal with his complaint about the loss of his data.

The complaint

1. Mr X complains the Council has refused his Council Tax Reduction (CTR) application. He complains the Council lost his documents.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. The law says we normally cannot 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))
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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)

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How I considered this complaint

6. I have considered the information put in by Mr X with his complaint. I have also considered the Council’s information.
7. Mr X had an opportunity to comment on my draft decision.

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What I found

8. Council Tax Reduction (CTR) is a benefit to help people pay their Council Tax (CT).
9. Mr X complained about the Council’s handling of his CTR application. He says the Council refused his application.
10. Mr X complained the Council lost the documents he provided with his CTR application. He says the Council is not accepting it breached the Data Protection Act.

Analysis

11. Council Tax legislation provides an appeal to the Valuation Tribunal (VT) for people to challenge council decisions on their right to CTR. The Tribunal is an expert independent body whose decisions are binding on a Council.
12. If Mr X thinks the Council has wrongly refused him CTR, it is reasonable to expect him to use his right of appeal to the VT.
13. The Ombudsman is not an appeal body. I see no reason Mr X cannot appeal in this case.
14. The Information Commissioner’s Office (ICO) is the body set up by Parliament to uphold information rights. I consider there is no reason Mr X should not complain to the ICO about this part of his complaint.

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Final decision

15. The Ombudsman does not intend to investigate this complaint. This is because Mr X has a right of appeal to a tribunal and there are no reasons’ he should not use it. Additionally, Mr X should complain to the ICO about his claim of a breach of the Data Protection Act.

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Investigator's decision on behalf of the Ombudsman