Summary: We will not investigate this complaint about council tax recovery action as it is unlikely we will find fault by the Council. We cannot investigate the actions of the Valuation Office Agency and concerns about data misuse are best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr & Mrs X complain the Council wrongly took recovery action on their council tax account and passed their details to its enforcement agents despite the account being in dispute as Mr & Mrs X had challenged their council tax banding. Mr & Mrs X consider the Council breached data protection law by passing their details to its enforcement agents. Mr & Mrs X feel they have been harassed.

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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. 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 there is not enough evidence of fault to justify investigating or there is another body best placed (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. While I recognise Mr & Mrs X had challenged the banding of their property, it was incumbent upon them to keep paying their council tax instalments. The Council does not set bandings and continues to bill at the band in place, even when it is challenged, until any change is notified to it by the Valuation Office Agency (VOA). The VOA is not a body within our remit.
7. The Council is empowered to take recovery action when an account falls into arrears and that the Council did this is unlikely to constitute fault.
8. Any concerns Mr & Mrs X have about the Council passing their details to its enforcement agents are best dealt with by the Information Commissioner’s Office, the UK’s regulator in respect of data protection matters.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr & Mrs X’s complaint because it is unlikely we will find fault by the Council and the ICO is best placed to deal with their concerns about data usage.

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Investigator's decision on behalf of the Ombudsman