Summary: We will not investigate this complaint about the Council’s decision to hold Mr X liable for unpaid council tax or for its alleged breach of GDPR. This is because Mr X has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it. The Information Commissioner’s office is best placed to deal with his complaint regarding data protection.

The complaint

1. Mr X complained the Council pursued him for unpaid council tax he is not liable for and breached data protection to send him a court summons.

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 has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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.

Back to top

How I considered this complaint

6. I considered information provided by Mr X the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X is the landlord for a property he rents out on a regular basis. In February 2023, the Council wrote to Mr X informing him he was liable for unpaid council tax for a period during 2020.
9. Mr X complained to the Council that he was not liable for the outstanding council tax as the property was tenanted at this time. He provided supporting evidence to the Council in support of his statement. He also complained after the Council sent details of the debt to a company he had previously been affiliated with.
10. The Council conceded it should not have sent Mr X’s correspondence to the wrong address, but maintained that Mr X was liable for the disputed council tax amount. Mr X therefore brought his complaint to the Ombudsman.
11. The Ombudsman cannot determine whether Mr X is liable for the council tax amount he is disputing. This is the role of the Valuation Tribunal. It would be reasonable for Mr X to refer this matter to the Tribunal if he remains unhappy to be held responsible for this debt.
12. Mr X has also indicated he is unhappy the Council breached data protection to contact him regarding the council tax. The Information Commissioner’s office (ICO) is the body who is responsible for investigating complaints regarding data breaches. It is open to Mr X to refer this part of the complaint to the ICO if he would like this matter addressed further.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because Mr X has right of appeal to the Valuation Tribunal and it would be reasonable for him to use it. The Information Commissioner’s office is best placed to deal with his complaint regarding data protection.

Back to top

Investigator's decision on behalf of the Ombudsman