Hyndburn Borough Council (25 006 358)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 24 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council sending letters meant for Miss X’s former partner to her address. This is because the complaint relates to misuse of personal data and is best placed for the Information Commissioner’s Office.
The complaint
- Miss X complained the Council continued to send letters meant for her former partner to her address despite being aware he moved out several years ago.
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)
- 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 the Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council that it has sent penalty warnings meant for her former partner to her home despite being aware he moved out several years ago.
- The Council did not uphold Miss X’s complaint and said it would continue to pursue her former partner at the address as this was the last known address on record for him.
- Miss X has brought the complaint to us because she wants the Council to be found at fault. The Ombudsman will not usually investigate a complaint where the complainant has right of appeal to a Tribunal and it would be reasonable for them to use it. The Information Commissioner’s office (ICO) was set up to investigate cases regarding misuse of personal data. It would therefore be reasonable for Miss X to refer this matter to the ICO.
Final decision
- We will not investigate Miss X’s complaint because the complaint relates to misuse of personal data and is best placed for the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman