The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s failure to cancel a penalty charge notice. This is because the Council has now cancelled the notice and it is unlikely investigation would achieve anything more for Ms X.
The complaint
The complainant, Ms X, complains the Council failed to properly consider her challenge to a penalty charge notice (PCN). The Council escalated the case and passed it to enforcement agents (bailiffs) to recover payment.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X’s representative, Mr Y, and the Council.
I considered the Ombudsman’s Assessment Code.
My 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.
The Council has now cancelled the PCN and confirms it will take no further action. This provides a suitable remedy for the complaint and it is unlikely investigation would achieve anything more for Ms X.
Final decision
We will not investigate this complaint. This is because the Council has cancelled the PCN and it is unlikely we would recommend any further remedy for Ms X.
Investigator's decision on behalf of the Ombudsman