London Borough of Waltham Forest (22 013 636)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 24 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the actions of an enforcement agency. This is because a suitable remedy has been offered and an investigation would not lead to a different outcome.
The complaint
- Mr X complains about the actions of an enforcement agency. He says he already paid off his debt, but the enforcement agency sent agents round this parent’s house and forced his mother to make another payment.
The Ombudsman’s role and powers
- 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 an investigation if we decide investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council confirmed two outstanding debts related to Mr X were referred to an enforcement agency. The Council said Mr X paid these debts in full in October 2022.
- Therefore, the Council initially believed the enforcement visit was not in relation to these debts. However, the enforcement agency later confirmed it was collecting debt owed to the Council.
- In response to Mr X’s complaint, the enforcement agency accepted the enforcement visit should not have taken place as all payments had been received on time. The enforcement agency said there had been an internal delay in updating and processing Mr X’s account with the payments, which resulted in the unnecessary enforcement visit.
- The enforcement agency offered a remedy of £1000 to recognise the distress and frustration caused to Mr X and his family. The enforcement agency also agreed to refund the over payment made. This is a suitable remedy, and an investigation would not lead to any further recommendations.
Final decision
- We will not investigate Mr X’s complaint because a suitable remedy has been offered and an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman