Herefordshire Council (25 002 697)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 01 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about council tax liability as Miss X can appeal to the Valuation Tribunal. Complaints about data protection matters are for the Information Commissioner’s Office.
The complaint
- Miss X complains about the Council's decisions on council tax liability regarding a deceased relative’s property which she inherited. Miss X also complains the Council wrongly gave her information about a third party who had previously lived at the property. Miss X wants the Council to reverse its decision on council tax liability.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Valuation Tribunal (VT) is the independent body that deals with appeals about council tax decisions. It can make a determination about council tax liability for the property in question. We are not empowered to make such decisions. It is reasonable therefore to expect Miss X to appeal to the VT and we will not investigate this aspect of the complaint.
- The Information Commissioner's Office (ICO) is the UK's independent regulator about data protection matters and is best placed to deal with any concerns Miss X has in this regard.
Final decision
- We will not investigate Miss X’s complaint because it is best dealt with by the VT and the ICO.
Investigator's decision on behalf of the Ombudsman