Summary: We will not investigate this complaint about how the council handled Ms X’s council tax account. This is because it is reasonable to expect her to appeal to the Valuation Tribunal and Ms X can refer to The Information Commissioner about her subject access request.

The complaint

1. Ms X complained the Council repeatedly obstructed her access to information under GDPR, and did not apply a single person discount to her council tax account. She said this has caused her financial difficulties and stress. She would like the Council to fully disclose her subject access request and provide justification for its actions.

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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. 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)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained the Council did not apply a single person discount to her council tax account, and failed to respond to her requests for her personal data.
9. In its complaint response, the Council told Ms X what evidence it needed in order to apply a single person discount to her council tax account. The Council said it would place a hold on Ms X’s council tax arrears enforcement action for one month to allow her to get the required documentation.
10. If Ms X disagrees with the Council’s decisions about the council tax single person discount, she has a right of appeal to the Valuation Tribunal. It would have been reasonable for Ms X to use that route.
11. Ms X complained about the Council’s response to her data request. We will not investigate this part of the complaint because there is another body better placed to consider it. The Information Commissioner’s Office is the organisation best placed to consider complaints about how organisations handle people’s data and respond to request for information.

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Final decision

12. We will not investigate Ms X’s complaint because it is reasonable to expect her to appeal to the Valuation Tribunal and Ms X can refer to The Information Commissioner about her subject access request.

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Investigator's decision on behalf of the Ombudsman