Summary: It is too late for us to investigate issues relating to the complainant’s council tax support which arose in 2018. The Information Commissioner’s Office is best placed to deal with Freedom of Information and data protection issues.

The complaint

1. The complaint is made by Mr X on behalf of his mother, Mrs Y. He complains about how the Council dealt with Mrs Y’s claim for council tax support and also how it dealt with his own requests for information.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). We normally consider it reasonable to expect a complainant to refer a complaint about freedom of information the Information Commissioner.
6. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
7. We normally expect complainant to someone to refer a complaint about data protection to the Information Commissioner. 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

8. I have what Mr X said in his complaint and background information provided by the Council. Mr X commented on a draft before I made this decision.

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What I found

9. Mr X has referred to events in 2017 and 2018 regarding Mrs Y’s entitlement to council tax support. The Council says it sent Mrs Y a revised decision in November 2018 and explained how she could appeal to the Valuation Tribunal. Mrs Y did not appeal.
10. Mr X says he made a request for information in November 2018 under the Freedom of Information Act 2000 but was unhappy with the Council’s response. In a response to his complaint in July 2018, the Council said it had already responded to his request.
11. It appears Mr X also complained to the Information Commissioner’s Office about how the Council dealt with a Subject Access Request in early 2020 under the General Data Protection Regulations.

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Final decision

12. I have decided we will not investigate this complaint. This is because it is too late to consider the issues relating to Mrs Y’s council tax support. Mr X should refer any concerns about more recent Freedom of information or Subject Access requests to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman