Summary: We will not investigate this complaint about a council tax liability order. This is because we cannot investigate what happens in court. Part of Ms X’s complaint is late.

The complaint

1. Ms X complains the Council has unfairly pursued council tax recovery action because she says its liability orders are unlawful. She says the Council did not respond to her data subject access request.
2. Ms X also complained the Council did not respond to her Freedom of Information request in 2022.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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).
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).

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How I considered this complaint

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained to the Council regarding the matters in paragraph 1.
8. The Council replied it had responded to Ms X’s subject access request. It explained she could contact the Information Commissioner’s Office if she was dissatisfied. The Council said the court list with signature confirms the Liability Order had been made.
9. We cannot investigate the summons and the Liability Order hearing as this is the start of court action and court proceedings as set out in paragraph 3.
10. We will not investigate Ms X’s complaint about her subject access request. It is reasonable to expect her to refer to the Information Commissioner’s Office if she was dissatisfied with the Council’s response.
11. We will not investigate Ms X’s complaint about the Council’s response to her FOI request in 2022. This is because the complaint is late and it was reasonable to expect Ms X to refer the matter to the Information Commissioner’s Office.

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Final decision

12. We will not investigate Ms X’s complaint because we cannot investigate court action and she could refer to the Information Commissioner regarding her subject access request. Ms X’s complaint regarding her freedom of information request is late and she could have referred to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman