Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax support/reduction claim, failure to put in place the reasonable adjustments, and of a data protection breach. This is because the complaint is not in jurisdiction as it was reasonable for Mr X to have appealed to the Valuations Tribunal. In addition, the other complaint matters are late and are better dealt with by another body.

The complaint

1. Mr X complains about the Council’s handling of his council tax support/reduction claim. He says the Council incorrectly refused his claim. He also complains the Council failed to put in place the reasonable adjustment he requested and of a data protection breach.

Back to top

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 about the same matter. 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 support or reduction.
5. 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)
6. The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Mr X complained about the Council’s handling of his council tax support/reduction claim in 2021. We cannot investigate this complaint as it is not in jurisdiction Mr X had a right of appeal to the Valuations Tribunal. It is clear from the complaint correspondence Mr X was aware of his right of appeal. Therefore, it was reasonable for Mr X to have appealed at the time.
10. Mr X complained the Council failed to put in place his requested reasonable adjustment. Complaint correspondence showed Mr X first complained about this matter in August 2021, therefore this complaint is about a matter that happened more than 12 months ago. I cannot see any good reason for why Mr X could not have complained to us about this matter earlier. Therefore, we cannot investigate this late complaint.
11. Mr X’s complaint about a potential data breach by the Council is better dealt with by the Information Commissioner’s Office (ICO). The ICO deals with complaints about public authorities’ failures to comply with data protection legislation.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because the complaint is not in jurisdiction as it was reasonable for Mr X to have appealed to the Valuations Tribunal. In addition, the complaint matters Mr X complains about are late and are better dealt with by another body.

Back to top

Investigator's decision on behalf of the Ombudsman