The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not made reasonable adjustments for Mrs X in respect of a penalty charge notice as any Council fault has not caused Mrs X a significant injustice.
The complaint
Mrs X complains the Council will not reinstate her right to appeal against a penalty charge notice (PCN) and then allow her to pay it at the discounted rate of £65 should the Council reject her appeal. Mrs X considers in so doing, the Council has not made reasonable adjustments in recognition of her mental health disability.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
My assessment
Mrs X has a mental health disability and requires help from her carer to deal with correspondence. When Mrs X received the PCN through the post, her carer was not there. Mrs X says she panicked and paid the £65 PCN as she was concerned about the amount increasing and she did not understand her right of appeal. Mrs X’s carer later explained that she did have time to appeal rather than pay.
Mrs X wrote to the Council and explained about her mental health disability and why she had paid the PCN. Mrs X asked for her payment to be refunded and for her appeal right to be reinstated. Mrs X also gave details of why she had incurred the PCN and that she felt it was unfair for the Council to penalise her.
In its response, the Council explained why the representations Mrs X had made against the PCN did not warrant cancelling it. It said it would refund Mrs X money and reinstate the appeal right but that if Mrs X did appeal, and the appeal was rejected, the full amount PCN of £130 would be due to be paid.
Mrs X feels the Council should allow her to appeal and still pay the discounted amount of £65 should her appeal be unsuccessful. Mrs X considers by not doing this, the Council has not properly considered the reasonable adjustments she requires.
I do not consider any fault by the Council has caused Mrs X a significant injustice. It has in essence considered her case against the PCN, in its complaint response to her, explaining why it does not warrant the cancellation of it. It seems likely then that the Council would reject any further appeal made by Mrs X. Had the Council reinstated the £65 discount, Mrs X would then have the choice of paying that amount, as she has already, or appealing to the tribunal, at which point the fine would increase to £130. I do not consider therefore that this would confer any advantage on Mrs X.
For this reason, I do not consider we should investigate.
Final decision
We will not investigate Mrs X’s complaint because she is not caused a significant injustice from any Council fault.
Investigator's decision on behalf of the Ombudsman