Summary: We will not investigate Mr B’s complaint that the Council wrongly made him liable for council tax for another property. This is because the Council promptly corrected the matter, so Mr B has not suffered a serious or significant injustice which would justify an investigation. Mr B may complain to the Information Commissioner about the Council’s use of his personal data.

The complaint

1. Mr B complains the Council wrongly made him liable for council tax for a property he has not bought yet. Mr B says the Council made this decision based solely on incorrect information it received and did not ask for any documents or contact him before making this decision. Mr B says this caused him distress and made his anxiety worse. Mr B also says the Council has not complied with data protection laws.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures.
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)

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. An investigation by the Ombudsman is not justified.
8. The information indicates the Council promptly removed Mr B’s name from this council tax account once he told the Council he had not completed the purchase of this property yet. The Council has also confirmed Mr B does not have any ongoing council tax liability for this property.
9. So, I find the alleged fault has not caused Mr B a serious or significant injustice which would justify an investigation.
10. And, Mr B may complain to the Information Commissioner about the Council’s use of his personal data. The Information Commissioner is in the best position to decide a complaint that an organisation has not followed data protection legislation.

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Final decision

11. We will not investigate Mr B’s complaint because he has not suffered a serious or significant injustice which would justify an investigation. And, Mr B may complain to the Information Commissioner about the Council’s use of his personal data.

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Investigator's decision on behalf of the Ombudsman