Summary: We will not investigate this complaint about the removal of the single person council tax discount. This is because the complainant can appeal to the Council and then appeal to the Valuation Tribunal. In addition, there is insufficient evidence of fault by the Council and the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council removed his council tax single person discount without checking with him first. Mr X says there has been serious wrong-doing by the Council.

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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. This includes appeals about discounts. The law says people must pay their council tax, as billed, pending an appeal to the tribunal.
5. We normally expect someone to refer the matter to the Information Commissioner (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)
6. We cannot disclose information which is confidential to other people. The law allows us to see information which would normally be withheld due to data protection legislation. (Local Government Act 1974, section 29)

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How I considered this complaint

7. I read the complaint and the correspondence between Mr X and the Council. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Council tax

8. People who live alone are entitled to a 25% council tax discount.

What happened

9. The Council issued Mr X with a new bill in October and removed the single person discount. Mr X contacted the Council to ask for the discount to be re-instated and to ask for an explanation. Mr X asked the Council to issue a corrected bill, minus the increased council tax of £240, and for the Council to send an equivalent sum to charity.
10. In response the Council explained it been notified by the Department for Work and Pensions (DWP) that another adult was living in the property. It asked Mr X to confirm and said that, if not correct, it would ask the DWP to investigate. Mr X said he knew the person (Ms B) but she did not live with him and she only used the address for correspondence. Mr X complained the Council had not contacted him before removing the discount.
11. The Council explained it had to act on the information from the DWP. It said it could not share the details with Mr X due to data protection but the information indicated Ms B had told the DWP she was using the property for more than a mailing address. The Council suggested Mr X speak to Ms B for more information. The Council said it had made a report to the DWP fraud line as Mr X had stated Ms B does not live at his property. The Council said it could not reinstate the discount as it had received notification from the DWP that Ms B is living at the property. The Council invited Mr X to submit an appeal to the Council against the decision to remove the discount. The Council said he could then appeal to the Valuation Tribunal if he was dissatisfied with the Council’s response to the appeal.
12. The Council made suggestions as to the evidence Mr X may wish to submit as part of an appeal. The Council offered to write to Ms B. It said it would have to write to Ms B at Mr X’s address as that is the only address it has for her. The Council placed recovery action on hold for a month to allow Mr X time to submit an appeal.
13. I asked the Council if Mr X has submitted an appeal. The Council said it has not received an appeal from Mr X. It said it had decided not to write to Ms B because Mr X had said he would return any letters received for her as not known at his address. Mr X says he returns all letters for Ms B because she is no longer using the property as a correspondence address.
14. Mr X has sent emails to the Council asking it to apologise, correct the bill and pay money to charity for the error. He said he had cancelled the direct debit.
15. Mr X has paid the council tax for 2020/21 minus the amount following the loss of the discount. The Council says Mr X still owes £240 for this year. Mr X denies the Council notified him of his appeal rights and says it will not respond to his emails. He says the information from the DWP is wrong and complains the Council has not shared it with him. Mr X thinks Ms B may have contacted the Council to say she is not living at Mr X’s property.

Assessment

16. I will not start an investigation because Mr X can appeal to the Council and, if he is dissatisfied with the reply, he can appeal to the Valuation Tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider council tax appeals. The tribunal would decide if the Council was correct to remove the discount based on the information it received from the DWP. I have seen evidence that the Council informed Mr X of his appeal rights and it has confirmed that it will respond to any appeal he lodges. If the Council does not reply to an appeal within two months Mr X could appeal to the Valuation Tribunal. There is a possibility that the Council might be able to reinstate the discount at the internal appeal stage, depending on what evidence Mr X submits in support of his appeal. The Council told me Ms B has not been in touch and she has not told the Council she is living elsewhere.
17. I also will not start an investigation because there is insufficient evidence of fault by the Council. It had to act on the information from the DWP. Once Mr X explained he still lives alone the Council acted appropriately by contacting the fraud line, giving appeal rights, placing recovery action on hold, and giving advice as to what evidence Mr X could send to support his appeal.
18. Mr X says the Council should have contacted him before removing the discount. But, while I cannot share the information with Mr X, I have seen the DWP notification and, even if the Council had notified Mr X in advance, it would still have had to remove the discount. Even if the Council had notified Mr X in advance, he would still be in the same position as now, needing to appeal and submit further evidence to demonstrate Ms B does not live at his address.
19. Mr X is unhappy the Council has not shown him the information from the DWP. The Council told Mr X it cannot share the information due to data protection. If Mr X thinks this is incorrect he can complain to the ICO. It is reasonable to expect him to do this because the ICO is the appropriate body to deal with disputes about the disclosure of information. The ICO would decide if the information could be disclosed.

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Final decision

20. I will not start an investigation because Mr X can use his appeal rights and appeal to the Valuation Tribunal. In addition, there is insufficient evidence of fault by the Council and Mr X could complain to the ICO.

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Investigator's decision on behalf of the Ombudsman