The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice the complainant received when he had not properly display his disabled parking badge. There is not enough evidence of fault by the Council.
The complaint
Mr X complains the Council should cancel a penalty charge notice (PCN) he received when he parked in a disabled bay but had not correctly displayed his disabled badge. Mr X says he was feeling unwell at the time.
The Ombudsman’s role and powers
We can 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. So, we do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council, which included their correspondence during the enforcement process.
I also considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman is not an appeal body, and our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
I find there is not enough evidence of fault in the way the Council has handled this case to justify starting an investigation. In reaching this view, I am mindful the Council gave Mr X opportunities at the informal representations stage to submit further evidence related to his disabled badge, and that it is has followed the statutory enforcement process thereafter.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman