Summary: We will not investigate this complaint about the Council’s handling of the complainant’s council tax account. This is because it would be reasonable to expect the complainant to appeal to the Valuation Tribunal.

The complaint

1. The complainant, who I refer to as Ms X, says in dealing with her council tax account the Council breached data protection laws, failed to treat her and the other joint owner of their property equally and is trying to force her to register as a single person for council tax purposes.

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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 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. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

7. Ms X co-owns a property with an ex-partner, Mr Q, in the Council’s area. As the Council received information that Mr Q had moved out the property and was living elsewhere, it sent Ms X a council tax bill for the property in her sole name.
8. Ms X contacted the Council to say she was no longer living at the property either and asked that a revised bill be sent to show that both she and Mr Q were jointly liable for the council tax.
9. The Council responded by asking Ms X for a copy of the council tax bill for the property she was now living in, showing the date she had moved in and that she was paying full council tax. It also asked her to confirm the status of the jointly owned property and whether it was being used as a second home or left unoccupied.
10. While Ms X provided some evidence to the Council to confirm she was living at a different address, the evidence provided did not give the Council all the information it required so Ms X was kept as the named account holder for the property and as the person liable for the council tax.
11. The Council explained to Ms X that the council tax legislation sets out a hierarchy of liability and that although the property was jointly owned by her and Mr Q, as he was not living there, and she had not provided all the information it had asked for, she was liable for the council tax. It also informed her that as an only occupant she could claim the 25% single person discount.
12. In the course of its consideration of Ms X’s case, the Council sought council tax information from another council about the property Ms X said she had moved into. However, the Council said that this council advised it that she was not currently registered for council tax at that property.
13. Dissatisfied with the Council’s actions, and believing its contact with the other council breached data protection laws, Ms X complained to us.

Assessment

14. The Council has properly explained to Ms X the hierarchy set out by legislation for council tax liability. Taking into account the evidence it had received from Mr Q and Ms X, it determined that Ms X was solely liable for council tax for the jointly owned property.
15. If Ms X wishes to challenge the Council’s decision about her liability, she can appeal to the Valuation Tribunal. As she has this alternative remedy available which we would reasonably expect her to make use of, her complaint falls outside our jurisdiction and will not be investigated.
16. Councils can seek council tax information from other councils but if Ms X believes there has been a data breach, she can take her case to the office of the Information Commissioner, the details of which the Council has already provided her with.

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Final decision

17. We will not investigate this complaint. This is because it would be reasonable to expect the complainant to appeal to the Valuation Tribunal

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Investigator's decision on behalf of the Ombudsman