Summary: We will not investigate this complaint the Council refused to share information about a council tax account. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained the Council refused to provide information about a council tax account. He said he no-longer lived in the property, however, a Court Order meant he was responsible for paying the council tax on the property until it was sold. He said the Council would not provide a copy of the council tax bills or confirm whether it had applied a single person’s reduction to the property. Mr X said the Council’s actions had caused financial hardship. He wants the Council to give him access to the council tax account.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mr X’s complaint about the Council. Although a Court Order states Mr X is responsible for paying the council tax, Mr X is not the occupier of the property, and the council tax bill is not in his name. Therefore, the Council has stated that sharing information with him about the account would breach data protection legislation. It has told him what the future payments are and agreed to share information about the direct debit with him.
6. Although Mr x is unhappy with the Council’s response, we will not investigate this complaint. The Council has set out reasons for not sharing information; there is not enough evidence of fault in how it reached its decision to justify our involvement. Mr X can approach the Information Commissioner’s Office (ICO) if he feels the Council has not considered his request for information properly. The ICO is best placed to consider complaints around data protection and information sharing.

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Final decision

7. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman