Westminster City Council (22 001 543)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 15 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about The Council’s enforcement agents visiting Ms X’s home after the Council had put the case on hold. The Council has offered a reasonable remedy to the complaint and we will not consider it further.
The complaint
- Ms X complained about the Council’s enforcement agents visiting her home when her father was shielding during the Covid-19 pandemic and all visits had been put on hold.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she incurred parking penalties during the 2021 lockdown and the Council advised her that it had put any recovery action on hold. The cases had been passed to enforcement agents who had been advised by the Council they were on hold. The Agency sent an agent to Ms X’s home in error and her father who was shielding in the property at the time was distressed.
- She complained to the Council and it accepted that its agents were at fault for not ensuring its instructions were followed. It has apologised to Ms X and offered her £650 in final settlement of the matter. It also explained to Ms X that in fact the Government guidance on shielding was discontinued prior to the visit being made.
- Ms X is dissatisfied with the Council’s offer and believes she should be made a more substantial ward because of the upset it caused. The Council’s offer is in keeping with the Ombudsman’s Guidance on Remedies on which it was based. I consider this a suitable remedy to Ms X’s complaint and we will not investigate the matter.
Final decision
- We will not investigate this complaint about The Council’s enforcement agents visiting Ms X’s home after the Council had put the case on hold. The Council has offered a reasonable remedy to the complaint and we will not consider it further.
Investigator's decision on behalf of the Ombudsman