Summary: We will not investigate this complaint about the conduct of a Civil Enforcement Officer and the Council’s handling of Mr X’s complaint. This is because we could not add to the investigation carried out by the Council, and the alleged injustice to Mr X is not significant enough to warrant our involvement.

The complaint

1. Mr X complains about the conduct of a Civil Enforcement Officer (Officer) who wrongly issued him a Penalty Charge Notice (PCN). Mr X says the Officer has unfairly targeted his family for some time. Mr X also complains about how the Council dealt with his complaint about this matter. Mr X says that the Officer’s behaviour has caused his family anxiety, stress and upset and he wants his complaint properly investigated.

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The Ombudsman’s role and powers

2. 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 could not add to any previous investigation by the organization.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint, the Council reviewed the body camera footage of the incident and found that there was no case to answer. When asking for escalation to stage two, Mr X said the footage would not have shown the Officer’s facial expressions.
6. We will not investigate Mr X’s complaint. This is because the Council has considered relevant evidence and concluded there is no case to answer. It is unlikely we could add to its investigation. It is clear Mr X is unhappy with how the Officer spoke to him. However, on balance I consider any injustice is not significant enough to warrant an investigation.
7. We will not investigate the Council’s complaint handling in isolation when we are not investigating the substantive part of Mr X’s complaint. This would not be a good use of public money.

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Final decision

8. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation and because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman