Summary: We cannot investigate Ms X’s complaint about the Council’s poor service regarding a penalty charge notice issued to Ms Y. They are challenging the Council’s debt recovery order at the County Court’s traffic enforcement centre.

The complaint

1. Ms X complains for Ms Y that the Council failed to reply to telephone calls and a complaint regarding a penalty charge notice issued because Ms Y’s relative drove into a restricted road. Ms X says the family did not know about the fine until it reached the charge certificate stage due to Ms Y’s mental incapacity. Ms X and her daughter wish to appeal the penalty charge notice.
2. Ms X complains the Council’s enforcement agent has contacted Ms Y threatening to visit. Ms X is challenging the debt recovery order at the traffic enforcement centre which is part of the County Court. The enforcement agent has therefore put debt recovery on hold.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

6. I have considered Ms X’s information and comments. We have discussed the complaint by telephone.

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My assessment

7. I will not investigate this complaint for the following reasons:
8. The law says the Ombudsman cannot investigate where a complainant is using a legal remedy (see paragraph 3 and 5). Ms X is challenging the debt recovery order at the traffic enforcement centre (TEC). If it rejects her challenge, she has a right to go to a judge who can review the decision.
9. The potential injustice in this complaint is the penalty charge notice and enforcement actions. We cannot investigate Ms X’s complaint about the Council’s communication and poor administration which are not a separate injustice. They are part of the penalty charge notice case.

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Final decision

10. The Ombudsman cannot investigate Ms X’s complaint about the Council’s poor service regarding a penalty charge notice issued to Ms Y. They are challenging the Council’s debt recovery order at the County Court’s traffic enforcement centre

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Investigator's decision on behalf of the Ombudsman