Summary: We will not investigate this complaint about bailiffs relating to a parking penalty. This is because any injustice is not significant enough to justify our involvement and we cannot achieve the outcome someone wants.

The complaint

1. Mr Y complained about the actions of bailiffs acting on behalf of the Council while collecting a debt for a relative, including clamping a visitor’s vehicle.
2. Mr Y found this embarrassing and inconvenient as his visitor was unable to leave. He says he would like the Council to stop using this company as its bailiffs.

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The Ombudsman’s role and powers

3. 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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y’s injustice is embarrassment and inconvenience at having his visitor’s car clamped by the bailiffs. However, as the debt was not his and the car did not belong to him his injustice is limited.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
7. In this case, while Mr y may have found the actions embarrassing, there is not sufficient loss, harm or distress to warrant use of public resources to investigate.
8. Further, Mr Y says he is seeking an outcome from our investigation that the Council stops using the bailiff company involved in future. This is not something the Ombudsman can recommend as a remedy. Consequently, we cannot achieve the outcome Mr Y is seeking and we will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because any injustice is not significant enough to justify our involvement and we cannot achieve the outcome someone wants.

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Investigator's decision on behalf of the Ombudsman