Summary: We will not investigate Ms X’s complaint about the Council’s handling of her requests for information when it was trying to recover unpaid council tax. The issues raised are either about matters that have been subject to court action or are best considered by the Information Commissioner’s Office.

The complaint

1. Ms X complains the Council failed to properly respond to her information requests when it was trying to recover unpaid council tax.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We cannot investigate a complaint about the start of court action or what happened in court (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Court found Ms X liable for unpaid council tax in December 2024. Ms X complained the Council failed to provide her with evidence about the liability order granted by the Court. I will not investigate this complaint about Ms X’s right of access. Complaints about such matters are best considered by the Information Commissioner’s Office (ICO). The ICO is also best placed to consider Ms X’s concerns that the Council committed a data breach when it shared information about her with an enforcement agent.
8. Ms X complained the Council did not provide proof of postage so could not prove they had notified her of the liability order. I will not investigate this matter as there is no legal requirement for Councils to provide proof of postage and I cannot hold a Council at fault for non-delivery of mail.
9. Ms X complains that costs have been added without evidence or scrutiny. This relates to the liability order granted by the Court and therefore falls outside the jurisdiction of the Ombudsman.
10. Ms X also complains about how the Council handled her complaint. It is not a good use of the Ombudsman’s resources to investigate complaint handling where we are not investigating the substantive issues of the complaint.

Final decision

11. We will not investigate Ms X’s complaint. It is reasonable to expect her to raise concerns about her right of access with the ICO. We cannot investigate issues which are subject to court action.

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Investigator's decision on behalf of the Ombudsman