Derby City Council (19 000 642)
Category : Adult care services > Transport
Decision : Closed after initial enquiries
Decision date : 01 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr B’s complaint concerning his blue badge and the issuing of a Penalty Charge Notice. This is because his daughter, who is acting as his representative, says matters have now been resolved with the Council.
The complaint
- Mr B’s daughter, Ms X, who is acting as Mr B’s representative, complained about the PCN the Council issued for misuse of Mr B’s blue badge which led to its confiscation.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- In considering the complaint I reviewed the information provided by Ms X and the Council.
What I found
- The Council issued a PCN for misuse by Ms X of Mr B’s blue badge. This also led to the confiscation of the badge.
- Ms X complained about the issuing of the PCN and the removal of the badge. The Council returned the badge and explained how Mr B, as the registered owner of the vehicle, could appeal against the PCN that had been issued.
- Having submitted a complaint to the Ombudsman about these matters, Ms X subsequently advised us that matters had been resolved with the Council and for this reason the complaint will not be considered further.
Final decision
- The Ombudsman will not investigate the complaint because Ms X has advised that matters have been resolved with the Council.
Investigator's decision on behalf of the Ombudsman