Summary: We will not investigate this complaint about the Council failing to refund two penalty charge notices and sending his personal information to an old address.

The complaint

1. Mr X complains the Council failed to refund him for two penalty charge notices (PCNs) and his personal information without his consent.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

4. The Council accepts it sent cheques for the PCNs to Mr X’s old address and failed to issue refunds to him directly over several months. It has apologised for the delay and offered him £100 for his time and trouble in pursuing the matter. This provides a suitable remedy and we would be unlikely to recommend anything more.
5. We usually expect people to take complaints about data breaches to the Information Commissioner’s Office (ICO) as it is better placed to consider these complaints. The ICO can decide whether the Council’s actions amount to a breach of the General Data Protection Regulation and if Mr X claims damages from any breach he may make a claim against the Council at court.

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Final decision

6. We will not investigate this complaint. This is because the Council’s actions provide a suitable remedy for Mr X. The ICO is better placed to consider Mr X’s complaint about his personal information.

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Investigator's decision on behalf of the Ombudsman