Summary: We will not investigate this complaint about a charge order placed on Mr X’s property by the Council. This is because the complaint is late and there is not enough evidence of fault to justify investigating. There is another body better placed to deal with Mr X’s complaint about how the Council handles data.

The complaint

1. Mr X complains the Council incorrectly placed a charge order on his property.
2. He says contesting this charge has incurred significant costs and affected the sale of his property.
3. He seeks an explanation of how the charge occurred and to recover these costs.

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The Ombudsman’s role and powers

4. 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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. 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)
6. 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)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

My assessment

9. The Council says the charge order was first placed on Mr X’s property in 2007 and Mr X would have been notified at several stages.
10. Mr X says he became aware of the charge order in 2023.
11. I consider Mr X’s complaint about the Council’s decision to make a charge order on his property late.
12. A complaint is late if it has taken someone more than 12 months to complain to the Ombudsman. Mr X knew about the charge order in 2023 and could have complained to the Ombudsman sooner.
13. Mr X also complains the Council has been unable to answer his questions or provide information regarding the charge order. The Council explained that, in line with GDPR requirements, it only holds records for a limited time. As the charge order was placed in 2007, it cannot provide the historical explanation Mr X wants. Mr X can complain to the Information Commission if he is concerned about how the Council handles personal data as this is the appropriate body to consider complaints about these matters.

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Final decision

14. We will not investigate Mr X’s complaint because the complaint is late and there is not enough evidence of fault to justify investigating. There is another body better placed to deal with Mr X’s complaint about how the Council handles data.

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Investigator's decision on behalf of the Ombudsman