The Ombudsman's final decision
Summary: We will not investigate this complaint about bailiffs because there is no worthwhile outcome achievable by our investigation.
The complaint
Ms Y complained that enforcement agents acting on behalf of the Council clamped her vehicle in April 2024 for a debt she was unaware of and refused to remove the clamp despite her explaining that her now ex-husband no longer lived at the property.
Ms Y says she felt forced to pay the debt of over £300 to have her car released from the clamp, causing upset for her and her children.
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 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 continue an investigation if there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Where we find fault causing injustice, we can make recommendations which aim to put a person back into the position they would have been in had the fault not occurred.
In this case, Ms Y paid £334 to enforcement agents acting on behalf of the Council. This has since, as part of the complaints process, been refunded to her in full. The Council and enforcement agents have also acknowledged, that while they have not found fault, that generally contact from enforcement agents is not pleasant and can caused upset. It has also removed her address from its system.
We provide a free service, but must use public money carefully. We do not start an investigation where there is no worthwhile outcome achievable by our investigation. Here the Council has considered the issue, made a refund of the amount paid and acknowledged that Ms Y has had an unpleasant experience.
The refund has placed Ms Y back into the position she would have been financially had the enforcement agents have not taken payment from her for the debt. The emotional impact of the visit has also been recognised and as the address has been removed from the enforcement agents, will not be repeated. While Ms Y may deem this insufficient, it is unlikely that we any further worthwhile outcome would be achieved by our investigation. Consequently, we will not investigate.
Final decision
We will not investigate Ms Y’s complaint because further investigation would not lead to a different outcome and there is no worthwhile outcome achievable by our investigation.
Investigator's decision on behalf of the Ombudsman