Summary: We will not investigate Mr Y’s complaint the Council refused to provide certain information relating to council tax recovery action. This is because the Information Commissioner’s Office is better placed to consider the complaint.

The complaint

1. Mr Y complains, after making subject access requests and a freedom of information (FOI) request, the Council refused to provide information relating to a council tax liability order and attachment of earnings order.

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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 or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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. 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

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. Mr Y complains the Council shared his personal data with his employer in connection with an attachment of earnings order. He also complains about the Council’s refusal to disclose certain information following his subject access requests and FOI request. Any dispute about a data breach is for the Information Commissioner’s Office (ICO). Also, the ICO is best placed to consider Mr Y’s complaint the Council refused his FOI request after it decided it was vexatious. So, we will not investigate Mr Y’s complaint.

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Final decision

8. We will not investigate Mr Y’s complaint the Council refused to provide certain information relating to council tax recovery action. This is because the Information Commissioner’s Office is better placed to consider the complaint.

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Investigator's decision on behalf of the Ombudsman