The Ombudsman's final decision
Summary: We will not investigate this complaint about an incorrectly addressed Council Tax bill. This is because the Council investigated Mr X’s complaint and responded to it, and we would not be able to add to the Council’s response. Additionally, there is another body better placed to consider parts of Mr X’s complaint.
The complaint
Mr X complains the Council sent him a Council Tax bill incorrectly addressed to himself and another person who did not live at the property. Mr X also complains the Council failed to respond to his complaint within stated timelines. Mr X said this caused upset and frustration, and he has requested compensation for his time and trouble.
The Ombudsman’s role and powers
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: we could not add to any previous investigation by the organisation, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X received a Council Tax bill incorrectly addressed to himself and another person and complained to the Council. He said this amounted to a data breach.
The Council apologised for the incorrectly addressed Council Tax bill and confirmed that they did not believe that a data breach had not taken place. The Council told Mr X it reminded staff to carefully review all information to ensure that the bills they issue are accurate.
I will not investigate this complaint because it is unlikely that we could add to the Council’s response. The Council has reviewed complaint, issued an apology and said it has put measures in place to avoid future billing errors taking place.
Mr X complained about the Council’s handling of his complaint, but I will not investigate that part of his complaint either. It is not a good use of public resources to investigate complaints about complaint procedures, if we decide not to deal with the substantive issue.
Additionally, I will not investigate Mr X’s complaint about a data breach, because Mr X could raise the is issue of a potential data breach relating to the billing error with the Information Commissioner’s Office who investigate data protection matters.
Final decision
We will not investigate Mr X’s complaint because we would not be able to add to the Council’s response, and there is another body better placed to consider part of his complaint.
Investigator's decision on behalf of the Ombudsman