Summary: We will not investigate this complaint about the way a Council officer spoke to her in a phone call as we cannot investigate satisfactorily where there is no recording. Her complaint about her Council tax reduction could be appealed to a tribunal. She can further obtain information via the Information Commissioner’s Office.

The complaint

1. Ms X says that the Council officer she spoke to on the telephone was abusive to her.

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The Ombudsman’s role and powers

2. 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)
3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says the Council officer she spoke to on the phone about her Council tax was rude and falsely accused her of shouting.
8. The Council says that they do not have a copy of the recording.
9. The Ombudsman would be unable to reach a satisfactory conclusion to this complaint in the absence of any recording. We will not therefore pursue this complaint further.
10. Ms X was advised in July 2022 that she had a right of appeal to a Valuation Tribunal against the Council’s decisions regarding her Council tax reduction. The tribunal is an expert body and their decisions are binding on the Council. I see no reason why an appeal could not be made in this case.
11. If Ms X wishes to see information held by the Council she can appeal to the Information Commissioner’s Office.

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Final decision

12. We will not investigate Ms X’s complaint because we could not investigate the complaint to a satisfactory conclusion in the absence of further evidence. She could also appeal to a Valuation Tribunal and Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman