London Borough of Hackney (23 019 914)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Miss X’s council tax account. This is because the Council accepted fault and offered a suitable remedy. Further investigation would not be proportionate.
The complaint
- Miss X complains the Council:
- Took enforcement action for council tax arrears in error; and
- Did not respond to her Freedom of Information request.
- A Freedom of Information request is when a member of the public requests information held by a public authority.
The Ombudsman’s role and powers
- 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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.
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepted fault for its handling of Miss X’s council tax account which led to it taking enforcement action in error. It apologised and offered Miss X £100 for the error and £150 for time, trouble and distress. This is a suitable remedy. Further investigation by the Ombudsman would not be proportionate or lead to a different outcome.
- Miss X’s complaint about the release of data would be better dealt with by the Information Commissioner.
Final decision
- We will not investigate Miss X’s complaint because further investigation would not be proportionate or lead to a different outcome.
Investigator's decision on behalf of the Ombudsman