Summary: We have decided not to investigate Mr X’s complaint about the Council’s failure to consider his disability-related needs when making representations about Penalty Charge Notices for entering a Clean Air Zone. The Council has upheld the complaint and has agreed to remedy the complainant’s injustice by apologising and considering his verbal representations. Further investigation by us would therefore not be proportionate.

The complaint

1. Mr X complains about receiving two penalty charge notices (PCNs) from the Council for entering a Clean Air Zone. He says the Council failed to respond to his calls about the PCNs, despite asking for this as a reasonable adjustment because of a visual impairment. Mr X said he could not make representations online for this reason and would like the charges removed because the Council failed to consider his disability.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code and the Council’s Guidelines for the consideration of representations and cancellation of Penalty Charge Notices issued for being in a Clean Air Zone (April 2022).

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My assessment

6. In January 2025, Mr X called the Council’s Contact Centre about two PCNs he had received for entering a Clean Air Zone in November 2024. He said that he had received both PCNs after the deadline had passed to pay at the reduced rate. Mr X told the Council that he could not make written representations online or by post because of a visual impairment. He asked the Council to call him back to discuss his request.
7. Mr X chased the Council for a response. A Council officer told Mr X that a senior officer would call him back.
8. Later in January, Mr X complained to the Council. He said the Council failed to consider his disability. He said it had failed to call him back and asked him to make representations in writing. He asked the Council to respond to his complaint with a telephone call.
9. The Council apologised to Mr X, both for its Contact Centre’s failure to call him and its complaints teams’ lack of call. It said it should have made sure its services were accessible, including by taking verbal representations to accommodate Mr X’s disability-related needs.
10. The Council took steps to put Mr X back into the position he would have been if it had accepted his verbal representations in January. It decided to withdraw one of Mr X’s PCNs on a discretionary basis and reduce the remaining PCN from £190 to £120. It explained that this decision was in line with its above Guidance on considering representations and cancellation of Clean Air Zone PCNs where PCNs were issued within a short timeframe.
11. A senior officer in the Council’s complaints team apologised and explained its decision in a phone call to Mr X.
12. I am satisfied the Council has provided a suitable remedy for any injustice Mr X has suffered. I also note that it has committed to speaking with senior officers in its Contact Centre about making sure everyone can access its services, including registered keepers of vehicles who cannot make written representations. For these reasons, it is unlikely an investigation would add to the Council’s previous investigation or lead to a different outcome.

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Final decision

13. We have decided not to investigate Mr X’s complaint about the Council’s failure to consider his disability-related needs when making representations about Penalty Charge Notices for entering a Clean Air Zone. The Council has upheld the complaint and has agreed to remedy the complainant’s injustice by apologising and considering his verbal representations. Further investigation by us would therefore not be proportionate.

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Investigator's decision on behalf of the Ombudsman