Summary: We will not investigate this complaint about the Council's decision not to cancel a Penalty Charge Notice (PCN). There is insufficient evidence of fault in the Council's consideration of the Miss X’s Equality Act concerns and medical circumstances.

The complaint

1. Miss X complains the Council failed to properly apply its duties under the Equality Act 2010 when dealing with a Penalty Charge Notice (PCN) during a period of severe medical incapacity. She says the Council issued a Notice to Owner shortly afterwards and said the process was accessible because a third party submitted representations on her behalf. Miss X says she had arranged this support before giving birth and the third party was unaware of her emergency surgery and subsequent recovery. She also complains the Council delayed her complaint response twice.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. We cannot normally investigate a complaint when someone could take the matter to court or use a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.
5. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.

Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.

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How I considered this complaint

6. I considered information from the complainant and the Council, and the Ombudsman’s Assessment Code.

Assessment

7. Miss X complains the Council failed to properly consider its duties under the Equality Act 2010 when deciding not to cancel a Penalty Charge Notice (PCN). She says the Council did not properly consider her medical circumstances following an emergency caesarean section.
8. The Council considered the Equality Act issues and medical information raised by Miss X before reaching its decision. The Council acknowledged pregnancy and maternity as protected characteristics, reviewed the medical evidence provided, considered whether Miss X had been prevented from engaging with the statutory process to challenge the PCN, and concluded she had not been. It also considered whether to exercise discretion and offered a further opportunity to pay the charge at the discounted rate.
9. We cannot determine whether the Council breached the Equality Act 2010, as this can only be decided by the courts. However, we can consider whether there is evidence the Council failed to take relevant equality considerations into account when making its decision. Based on the information available, there is insufficient evidence the Council failed to consider the relevant factors before reaching its decision.
10. We will not investigate this complaint as there is therefore insufficient evidence of fault by the Council to warrant an investigation.
11. The PCN is also subject to a statutory representations and appeal process. Parking legislation provides a right to challenge a PCN and, if necessary, appeal to an independent adjudicator. We would normally expect a person to use that route to challenge a PCN.
12. Miss X complains about the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

13. We will not investigate Miss X's complaint because there is insufficient evidence of fault in the Council's consideration of her Equality Act concerns and medical circumstances.

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Investigator's decision on behalf of the Ombudsman