Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice issued by the Council. This is because Mr X has appealed to London Tribunals.

The complaint

1. Mr X complained about a Penalty Charge Notice (PCN) for failing to comply with a prohibition on certain types of vehicle issued by the Council.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(a), as amended)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

Back to top

How I considered this complaint

4. I considered information from Mr X and the Council. Mr X had an opportunity to comment on my draft decision.

Back to top

What I found

5. Mr X was issued a PCN in July 2019 by the Council for failing to comply with a prohibition on certain types of vehicle.
6. Mr X made representations against the PCN which were rejected by the Council in August 2019. The Council provided information on how to appeal to the Independent Adjudicator at the London Tribunals.
7. Mr X appealed to the Independent Adjudicator who refused the appeal in November 2019.

Back to top

Analysis

8. The restrictions outlined in paragraphs 2 and 3 apply to this complaint. We cannot investigate a complaint if someone has appealed to a tribunal.
9. Mr X has already applied to the Independent Adjudicator at the London Tribunals and their decision is binding.

Back to top

Final decision

10. We cannot investigate this complaint. This is because Mr X has already appealed to London Tribunals.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman