The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council wrongly advised her about how to pay an outstanding penalty charge notice. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The injustice caused by the Council’s actions is not significant enough to warrant investigation.
The complaint
The complainant, Ms X, complains the Council wrongly advised her about making payment for a penalty charge notice (PCN). As a result she had to take time out from work to contact the Council and its enforcement agents (bailiffs); she says this has affected her work and her mental health.
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: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
Assessment We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
I understand Ms X is frustrated with the advice she received from the Council but the injustice it caused is not significant enough to warrant further investigation. The Council acknowledges it wrongly advised Ms X and it has now contacted her and offered to take payment in settlement of the matter. In the event it takes further action Ms X will have the opportunity to challenge this through the Traffic Enforcement Centre at Northampton County Court.
Final decision
We will not investigate this complaint. This is because the injustice resulting from the Council’s actions is not significant enough to warrant our further involvement in the matter.
Investigator's decision on behalf of the Ombudsman