Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s decision to approve work to trees close to her home. This is because Ms X’s complaint is late and there is not enough evidence of fault by the Council. Ms X’s complaint about her council tax is also late, and it was reasonable for Ms X to use the appeal rights available to her. The Information Commissioner’s Office is better placed to deal with Ms X’s complaint about data protection issues.

The complaint

1. The complainant, whom I shall call Ms X, is unhappy the Council approved work to trees close to her home. Ms X also complains about her council tax – including the decision not to grant her council tax support. She also says the Council unlawfully contacted her medical surgery without her consent, and is unhappy with information she says the Council holds about her.

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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 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
6. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
7. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
8. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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

9. I considered Ms X’s complaint to the Ombudsman and information from the Council. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

Complaints to the Council

10. In June 2018, the Council approved an application to carry out work to trees close to Ms X’s home. The decision to carry out the work was based on a report written by a council officer. Ms X had commented on the application to carry out the work. She complained to the Council in October 2018 about the decision to approve work to the trees. The Council responded to Ms X’s complaints. It said the opportunity to comment on the application had passed, but the officer’s report had taken into account Ms X’s comments. The Council said that while Ms X disagreed with the decision, this did not mean “it was wrong, illegal or unlawful.”
11. Ms X has also complained to the Council about her council tax and its decision not to reduce her bill. This part of her complaint dates to at least 2015. Ms X also says the Council has contacted her medical surgery without her consent, and is unhappy with information held by the Council.

Assessment - Trees

12. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. The Council approved work to the trees in June 2018, and I see no reason Ms X could not have complained to the Ombudsman much earlier. The exception at paragraph 3 therefore applies to her complaint.
13. Even if the complaint was not late, it is unlikely the Ombudsman would investigate. Ms X disagrees with the professional judgment of the officer who recommended the work be carried out. But, as the Council says, this does not mean the decision was wrong. For the Ombudsman to be able to question a council’s decision, there needs to be clear fault in the decision-making process. On balance, I do not think there is enough evidence of fault to warrant an investigation.
14. Ms X is also concerned about more recent work to the trees close to her home. But she has not yet formally complained to the Council about this. Ms X will need to do this before the Ombudsman could consider a fresh complaint.

Assessment – Council tax

15. As above, Ms X’s complaint about her council tax is late, and I see no reason she could not have complained much earlier. Again, even if this part of the complaint was not late, it is unlikely we would investigate. When there are appeal rights to a tribunal, the Ombudsman normally expects people to use these rights, unless it would be unreasonable for them to do so. Decisions about council tax liability and council tax reduction / support can be appealed to the Valuation Tribunal. It is the expert, impartial body, set up by Parliament to allow the public to challenge council tax decisions. I see no reason Ms X could not have used her appeal rights. Part of Ms X’s complaint links to the rateable value of her property, which is split into two separate dwellings. This is a matter for the Valuation Office Agency.

Assessment – Data protection

16. Ms X’s complaints about the Council contacting her medical surgery, and personal information held by the Council are data protection issues. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes accessing information unlawfully and holding inaccurate information.
17. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Ms X should therefore approach the ICO about her concerns.

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Final decision

18. The Ombudsman will not investigate Ms X’s complaint. This is because the complaint is late, and it was reasonable for Ms X to use her appeal rights to challenge decisions about her council tax. The Information Commissioner’s Office is better placed to consider Ms X’s concerns about data protection issues.

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Investigator's decision on behalf of the Ombudsman