Summary: Mr B complains about the Council’s actions concerning his requests for information made under the Freedom of Information Act and its decision to seek payment of outstanding council tax arrears for a property he does not own. The Ombudsman will not investigate the complaint because both matters fall outside our jurisdiction due to the availability of appeal rights to statutory tribunals.

The complaint

1. The complainant, who I refer to as Mr B, says the Council has failed to respond to his requests for information under the FoI legislation and that it is pursuing him and his wife for council tax arrears on a property they do not own. This is causing them a great deal of stress.

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The Ombudsman’s role and powers

2. 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)
3. 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.
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. In considering the complaint I spoke to Mr B and reviewed the information he and the Council provided.

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What I found

6. Mr B has sought information from the Council under the FoI legislation. He says some of his requests have not been answered.
7. Mr B and his wife have received individual demands for council tax arrears for a property which had previously been rented out to a tenant who paid rent to Mr B’s wife. Mr B disputes their liability to pay the outstanding council tax for the property which is part of a long-running court dispute between Mrs B and members of her family following the death of her mother.
8. The Council has advised that as the property is empty, and it views Mr and Mrs B as the “responsible person”, it has sought payment council tax from them.

Assessment

9. Both parts of Mr B’s complaint fall outside our jurisdiction because of the availability of appeal rights to two statutory tribunals which we would reasonably expect him to make use of.
10. Mr B can take matters relating to his FoI requests to the Information Commissioner and can appeal to the First Tier Tribunal (Information Rights). If he, and/or his wife, dispute their liability for the council tax they can appeal to the Valuation Tribunal.

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Final decision

11. The Ombudsman will not investigate the complaint because both matters fall outside our jurisdiction due to the availability of appeal rights to statutory tribunals.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman