Summary: We will not investigate this complaint about issuing of penalty notices for school non-attendance. This is because it is unlikely we will find fault.

The complaint

1. Mrs X complains the Council wrongly issued penalty charge notices (PCNs) for school non-attendance. She says the Council relied on discretionary powers but did not clearly identify exceptional circumstances.
2. Mrs X would like a clear explanation of how discretion was applied in this case.
3. She would like the Council to review its decision and withdraw the penalty notices and refund the payments.

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The Ombudsman’s role and powers

4. 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 we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council provided a clear explanation of how it applied its discretion and what exceptional circumstances it considered. It gave Mrs X the opportunity to provide further evidence. It made its decision in line with local and national guidance.
9. The Council was entitled to use its discretion to issue the PCNs. I consider the Council properly considered its position and explained its reasons for issuing the PCNs. There is not enough evidence of fault to justify our involvement.

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Final decision

10. We will not investigate this complaint because it is unlikely we will find fault.

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Investigator's decision on behalf of the Ombudsman