Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. Following Mr X’s complaint to us the Council has cancelled the charge. Mr X has therefore achieved the outcome he was seeking. Further investigation is unlikely to achieve anything more.

The complaint

1. Mr X complains about the Council’s handling of a penalty charge notice (PCN). He complains the Council’s enforcement agents failed to consider his vulnerability before taking enforcement action. Mr X has mental health and significant health conditions, which currently impact his ability to work. Mr X says the Council refused his requests to either write off the PCN due to his low income or provide an affordable monthly repayment plan.

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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 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X complained to the Council about its handling of a PCN. He said its enforcement agents’ refused to consider his vulnerability and refer the matter back to the Council. He complained the Council had sent letters to his previous address meaning he had not received the original PCN.
6. We will not investigate this complaint. Following Mr X’s complaint to the Ombudsman, the Council considered Mr X’s vulnerability and told its enforcement agents to return his case to the Council. This was to give Mr X a chance to appeal the PCN. The Council asked Mr X for his correct address to reset the case and send him a new PCN with fresh appeal rights. The Council subsequently cancelled the charge. The Council’s action, therefore, resolved the complaint incidental to the Council enforcement agent’s alleged failure to consider Mr X’s vulnerability. Mr X has achieved the outcomes he was seeking. Further investigation is unlikely to achieve anything more.

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Final decision

7. We will not investigate this complaint about the Council’s handling of a penalty charge notice. Following Mr X’s complaint to us the Council has cancelled the charge. Mr X has therefore achieved the outcome he was seeking. Further investigation is unlikely to achieve anything more.

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Investigator's decision on behalf of the Ombudsman