The Ombudsman's final decision
Summary: We will not investigate this complaint about data protection as this is a matter for the Information Commissioner and there is a right of appeal to a Valuation Tribunal.
The complaint
Mr X complains that the Council has refused to provide information regarding his liability for Council tax and considers him to be a vexatious complainant. He disputes liability for Council tax.
The Ombudsman’s role and powers
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.
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.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that he made a Subject Access Request for information from the Council but the Council has refused his requests and considers him vexatious.
Any dispute about a Subject Access request is a matter for the Information Commissioner and so this matter is out of jurisdiction.
The Council is entitled to have a policy in dealing with requests which are considered vexatious. In this case the Information Commissioner can decide whether this request is reasonable.
Any dispute about Council tax liability can be appealed to a Valuation Tribunal. The tribunal is an independent body which can determine any dispute about such decisions. I see no reason why an appeal could not be made in this case and so the complaint is out of jurisdiction.
Final decision
We will not investigate Mr X’s complaint because he can pursue his complaint to the Information Commissioner and appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman