Summary: We will not investigate this late complaint about Council Tax.

The complaint

1. The Complainant complains about the actions of an Enforcement Agent acting on behalf of the Council in the recovery of Council Tax arrears. The Complainant says they are exempt from paying Council Tax and have taken the matter to Tribunal. They have also complained about how their details are conveyed on liability orders and how the Enforcement Agent has processed their personal data.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. 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

6. I considered information provided by the Complainant and the Council, which has included correspondence the Enforcement Agent has had with the Complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Complainant made a stage one complaint to the Enforcement Agent in late December 2022, which it responded to the following day. The Complainant escalated their concerns to stage two and the Enforcement Agent responded in early January 2023. The Enforcement Agent advised the Complainant they could bring their concerns to the Ombudsman if they remained dissatisfied.
9. In its complaint responses, the Enforcement Agent advised the Complainant it could not change information about them on legal documents such as liability orders issued by the courts. It also explained any issues the Complainant had with handling of their personal data needed to be taken to the Information Commissioner’s Office.
10. The Complainant has told me they have significant disabilities which make communication difficult. The Complainant has received support from an advocate in the past, including while they were corresponding with the Enforcement Agent. I am therefore not persuaded the Complainant’s communication difficulties provide sufficient reason why they could not have brought their complaints to us sooner.
11. I also consider there are other bodies, such as the courts, Valuation Tribunal and Information Commissioner’s Office that are better placed to consider the concerns the Complainant has about Council Tax liability and personal data processing.

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Final decision

12. We will not investigate the Complainant’s complaint because it is late and there are other bodies better placed to consider their concerns.

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Investigator's decision on behalf of the Ombudsman