Summary: We will not investigate this complaint about Penalty Charge Notices because Mr Y has already appealed to the tribunal and it is reasonable to expect him to take any data protection concerns to the Information Commissioners Office.

The complaint

1. Mr Y complained the Council has wrongly pursued him for a number of Penalty Charge Notice (PCNs) due to signage displaying restrictions being incorrectly displayed. He also complained the Council has not responded to his Subject Access Requests or Freedom of Information requests.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or freedom of information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Mr Y has already appealed the PCNs he has received to the Traffic Penalty Tribunal on the same basis as his complaint. Mr Y’s appeals were dismissed by the Tribunal.
6. The legislation from which the Ombudsman takes their power also places some restrictions on what we may investigate. We do not have the power to investigate a complaint if someone has appealed to the tribunal about the same matter. Consequently, we cannot investigate Mr Y’s complaint about the signage and the PCNs issued.
7. Mr Y has also complained about a lack of responses from the Council to subject access and freedom of information requests. The Information Commissioner’s Office (ICO) is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection and freedom of information legislation.
8. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. As there is nothing to prevent him from approaching the ICO I would consider it reasonable to expect him to do so. We will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because he has already appealed to the Tribunal and it is reasonable to expect him to take any data protection concerns to the Information Commissioners Office.

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Investigator's decision on behalf of the Ombudsman