The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about Council Tax support as it is reasonable to expect her to apply using the Council’s web application. And the Information Commisioner’s Office is better placed to consider her subject access request complaint.
The complaint
Ms X says the Council has not provided her with Council Tax support or replied to a subject access request.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
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)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council gained Liability Orders against Ms X and her partner Mr Y for Council Tax for the years 2022/23 and 2023/24. In December 2023 the Council issued Attachment of Earnings Orders.
Ms X says she wanted to apply for Discretionary Relief. She says the Council has not helped. The Council told her, her partner applied in October 2023 but did not provide the needed information and the application was classified as ineligible. In February 2024 in reply to her complaint it advised her to apply again and gave her a link to do so.
We will not investigate this as it is reasonable to expect Ms X to apply for the relief. If she does not get it, then she has a right of appeal to the Valuation Tribunal. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider disputes about council tax exemptions.
Ms X says she made a subject access request (SAR) and has had no reply.
The Information Commissioner’s Office (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 failures to comply with SARs.
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. I consider that to be the case here and Ms X should therefore approach the ICO about his concerns.
Final decision
We will not investigate Ms X’s complaint because it is reasonable to expect her to seek an assessment and after that an appeal to the Valuation Tribunal. And the ICO is better placed to consider a SAR failure.
Investigator's decision on behalf of the Ombudsman