Summary: Mr X complains that the Council has unreasonably enforced a Council tax debt against him and failed to respond to a Freedom of Information request. We will not investigate this complaint because the matter has been remedied and he has a further right of complaint to the Information Commissioner’s Office.

The complaint

1. Mr X complains that the Council has unreasonably enforced a Council tax debt against him and failed to respond to a Freedom of Information request.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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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.
6. The complainant had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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My assessment

7. Mr X says that the Council issued a summons against him (and passed the debt to bailiffs) for a sum he says he previously paid. Mr X submitted a Subject Access Request (SAR) to the Information Commissioner’s Office which he says the Council did not respond properly to.
8. The Council says they responded to Mr X’s request for information about his debt in August 2022. Further the Council says it has withdrawn the debt from the bailiffs. They say Mr X still owes £115 in Council tax and it has agreed to accept payments towards this debt.
9. We are satisfied that the Council’s actions in providing evidence of the debt and the withdrawal of the debt from the bailiffs is a remedy to the complaint. Mr X can pursue any disagreement over the SAR request with the Information Commissioner’s Office.

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Final decision

10. We will not investigate this complaint because the matter has been remedied and Mr X can pursue his complaint about Freedom of Information with the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman