Summary: We will not investigate Mr X’s complaint about how the Council handled a reassessment of his council tax support claim. Mr X has a right of appeal to the Valuation Tribunal if he disagrees with the decision. It is reasonable for him to go to the Information Commissioner if he has a data protection complaint.

The complaint

1. Mr X complains the Council unreasonably demanded personal information about his son whose return home caused a reassessment of Mr X’s entitlement to council tax support. Mr X says he does not understand the Council’s notifications, but he is paying more tax.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. 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)

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How I considered this complaint

5. I have considered Mr X’s information and comments and discussed the complaint with him by telephone. The Council has supplied the benefit decision notifications dated 20 October 2021 and 7 January 2022 and the complaint correspondence.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The complaint is outside the Ombudsman’s jurisdiction because Mr X has a right of appeal to the Valuation Tribunal if he disagrees with the Council’s benefit decision (see paragraph 2 and 3 above). The Council’s decisions explain Mr X’s rights including of review and appeal. The January 2022 notification explains Mr X is entitled to council tax support but the Council has applied a weekly deduction due to his son’s income.
8. It is reasonable for Mr X to use his right of appeal if he disagrees with the decision. The Valuation Tribunal has the power to change the Council’s decision. If Mr X does not understand the decision he can ask the Council to provide a written statement of reasons and take his own advice from a benefits adviser.
9. There is no other injustice the Ombudsman can or should investigate. The Council was required to reassess Mr X’s claim having been told his son had moved into the property. It was entitled to ask Mr X for information about his son. If Mr X remains concerned about the handling of personal information, it is reasonable for him to go to the Information Commissioner who he has already contacted (see paragraph 4).

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint about how the Council handled a reassessment of his council tax support claim. Mr X has a right of appeal to the Valuation Tribunal if he disagrees with the decision. It is reasonable for him to go to the Information Commissioner if he has a data protection complaint.

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Investigator's decision on behalf of the Ombudsman