Summary: We will not investigate Miss X’s complaint about the actions of a civil enforcement officer who issued her a penalty charge notice. This is because there is not enough evidence of fault by the Council and it has agreed to take appropriate action to deal with the issue. It is therefore unlikely investigation would achieve anything more.

The complaint

1. Miss X complains the Council’s civil enforcement officer (CEO) acted inappropriately while issuing a PCN by taking unnecessary photographs of her. She also complains the CEO was disrespectful and insensitive and had a smug attitude.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. The Council confirms there is no video footage of the incident between Miss X and the CEO and it is therefore impossible to make a judgement on Miss X’s concerns about the CEO’s attitude and behaviour or to say it amounted to fault.
6. The Council has provided Miss X with copies of the photographs taken by the CEO and each one shows the vehicle to which the PCN relates. While there are two which also show Miss X they are not overly intrusive or entirely irrelevant to the issue. The Council has nevertheless agreed to remove them from its system. This provides a suitable remedy for the issue complained about and it is unlikely investigation would recommend anything further.
7. The Council has however agreed to take further action to cancel the PCN and refund Miss X’s payment. This is likely more than we could achieve for Miss X as I have seen nothing to suggest the PCN was wrongly issued or, therefore, that a refund is warranted.
8. Miss X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely investigation would achieve any worthwhile outcome. We cannot make any finding on Miss X’s complaint about the CEO and the Council has taken sufficient action to remedy Miss X’s concerns about the photographs taken.

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Investigator's decision on behalf of the Ombudsman