Summary: We will not investigate Mr X’s complaint about his experience in trying to set up a direct debit to pay council tax. This relates to data protection issues and as such, is a matter for the Information Commissioner’s Office. We will not investigate Mr X’s complaint that the Council has threatened him with a summons for unpaid council tax. This is because there is insufficient evidence that Council fault has caused the injustice Mr X claims in relation to this.

The complaint

1. Mr X complains the Council unlawfully dictates that he must sign up to all the Council’s privacy and terms and conditions before setting up a direct debit to pay council tax. Mr X complains this process unlawfully captures unrelated personal data. Mr X complains that because he was not prepared to sign up for direct debit, he has been forced to fill in forms to claim the £150 Government council tax rebate. Mr X complains this has caused him stress and has forced him into arrears, which the Council is threatening to take action over.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Information Commissioner’s Office (ICO) is the UK’s independent authority on data protection matters. It is best placed to deal with Mr X’s concerns that the Council is unlawfully collecting personal data in relation to its direct debit sign up process.
7. I recognise Mr X is unhappy about being required to fill in forms to claim the rebate, after deciding he was not prepared to set up a direct debit. However, I cannot say Council fault may have caused this injustice because, as explained, the matter about data collection connected to the direct debit sign up process is for the ICO.
8. The law allows the Council to take action if a council tax account falls into arrears even if someone is expecting a discount/refund. It was incumbent upon Mr X to keep his council tax payments up to date and so I cannot say his injustice in this regard is caused by Council fault. Mr X can also argue his case in court, should the Council issue him with a summons.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint about data protection concerns as this is best dealt with by the ICO. I cannot say Council fault has led to the injustice Mr X claims in respect of action the Council may take in response to arrears on the account. We will therefore also not investigate this aspect of Mr X’s complaint.

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Investigator's decision on behalf of the Ombudsman