Summary: We cannot investigate this complaint about the Council’s enforcement of a bus gate penalty charge notice as Mr X used his right to ask the court to consider his case and so this matter is no longer therefore within our remit.

The complaint

1. Mr X complains about the Council’s enforcement of a bus gate penalty charge notice (PCN) it issued to him. Mr X asked the court at the Traffic Enforcement Centre (TEC) to consider his case, but it rejected it. Mr X is unhappy that the Council will not allow him to challenge this decision via its complaints process.

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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. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. As per paragraph three, as Mr X asked the court to consider his case, we can no longer investigate.
8. Mr X would need to challenge the TEC’s decision with the TEC. This is not something the Council can resolve or investigate and so that it has declined to deal with his complaint does not provide evidence of fault that would warrant our involvement.

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Final decision

9. We cannot investigate Mr X’s complaint because Mr X asked the court to consider his case. As such, the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman