Summary: We will not investigate this complaint about Council tax because part of the complaint has been remedied, there was a right of appeal to a valuation tribunal and part of the complaint is for the Information Commissioner's Office. Part of the complaint is also out of time.

The complaint

1. Mr X complains that the Council incorrectly determined that he was liable for Council tax on a property.

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The Ombudsman’s role and powers

2. 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)
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. 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.

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X says that the Council wrongly pursued him for Council tax after he left his property in 2022. The Council confirmed that the account had closed when Ms X (Mr X’s partner) let the property in September 2022. It says however, that a different Council tax account in her name continued.
9. Mr X was aware of the Council’s decision in 2022. Ms X submitted a Council tax support claim in March 2024. I see no reason why a complaint could not have been made to this office within 12 months and so this part of the complaint is out of time.
10. Any dispute about liability for Council tax could have been appealed to a valuation tribunal. The valuation tribunal is an independent body which can determine any disputes about liability, discounts or exemptions from Council tax. I see no reason why such an appeal could not have been made in this case.
11. Mr X complains that the Council misidentified a person on a Council tax bill in breach of data protection laws. The Council apologised and offered compensation of £200 for his time and trouble in making his complaint.
12. Any alleged breach of data protection is a matter for the Information Commissioner's Office and not the Ombudsman. I am satisfied that the Council’s apology and compensation is a remedy to this part of the complaint.

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Final decision

13. We will not investigate Mr X’s complaint because it is partly out of time, has been remedied, had a right of appeal to a valuation tribunal and for the Information Commissioner's Office.

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Investigator's decision on behalf of the Ombudsman