Summary: We will not investigate this complaint about a council tax error because the Council has provided a satisfactory remedy. In addition, the complainant can complain to the Information Commissioner if she thinks there has been a data breach.

The complaint

1. The complainant, Ms X, says the Council used money from her bank account to pay a third party’s council tax. Ms X wants an explanation and more compensation. She says the Council only became aware of the error after she pointed it out.

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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 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. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Due to a processing error the Council applied Ms X’s bank details to a third party’s council tax account. Between September 2023 and March 2024, seven payments were taken from Ms X’s bank account and paid into the third party’s council tax account.
6. Ms X contacted the Council when she noticed what was happening. In response, the Council corrected the error, refunded the money to Ms X’s bank account, explained what had gone wrong and apologised. The Council said it had addressed the error with the staff member and it assured Ms X that the third party had not had access to any information about Ms X’s account. The Council made a payment of £100 to Ms X in recognition of the impact of the error.
7. The Council told me Ms X did not accrue any council tax arrears. Ms X has not said in her complaint to the Council, or to us, that she incurred any bank charges.
8. The Council made an error in the handling of Ms X’s bank and council tax accounts. I can understand why Ms X has referred to the stress caused by the mistake.
9. However, I will not start an investigation because the Council has already provided a satisfactory response. It corrected the error, apologised, explained what had gone wrong, addressed the error with the officer, and paid £100. This was a fair and proportionate response. I appreciate Ms X would like more than £100 but there is no evidence she had a financial loss and the amount is in line with our guidance on remedies.
10. I also will not investigate this complaint because Ms X can complain to the Information Commissioner (ICO) if she thinks there has been a data breach. It is reasonable to expect her to do this because the ICO is the appropriate body to consider complaints about data protection.

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Final decision

11. We will not investigate this complaint because the Council has provided a satisfactory remedy and Ms X can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman