Summary: We will not investigate this complaint about the Council’s failure to consider the complainant’s disability when it refused his challenge to a Penalty Charge Notice. We cannot decide whether the Council breached the Equality Act, this is a matter for the courts. The Council has confirmed it will review the way it considers information about disabilities when it reviews challenges to Penalty Charge Notices. We do not consider that further investigation will lead to a different outcome.

The complaint

1. Mr X complains the Council failed to comply with its Public Sector Equality Duty (PSED). This is because it failed to consider his disability or the need to eliminate discrimination and advance equal opportunities.
2. He wants the Council to review its policies, refund his Penalty Charge Notice (PCN) and compensate him for stress and discrimination.

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The Ombudsman’s role and powers

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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

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

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My assessment

8. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It offers protection, in employment, education, the provision of goods and services, housing, transport and the carrying out of public functions.
9. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them.
10. Mr X said that the Council breached its Equality Act duties because it did not consider his disability when it considered his challenge to a PCN he received for parking without displaying his Blue Badge. However, we are not an appeal body, and if Mr X believes the Council has breached its equality duties, he can take the matter to court. A court can decide whether the Council failed to meet its equality duties and whether the Council should financially compensate him for this.
11. Mr X complains the Council failed to consider his disabilities when it rejected his challenge against a PCN.
12. The Council has confirmed it will review the lessons learned from Mr X’s case with regard to evidence of a disability presented as part of an appeal against a PCN.
13. I understand Mr X wants a refund of the amount he paid for the PCN. However, the Council has explained that, although he has paid the PCN to avoid escalation, Mr X would need to challenge it through the statutory process, which ultimately leads to the Traffic Penalty Tribunal. We cannot tell the Council to cancel or refund the PCN because it is a matter that needs to be dealt with through the statutory process, as explained in the PCN correspondence.
14. Finally, the Council acknowledges it sent a letter escalating the amount to be paid after Mr X had paid the PCN. It has apologised for this error which I consider is an appropriate remedy on this point.

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Final decision

15. We will not investigate Mr X’s complaint because:
• We cannot determine whether the Council failed to meet its duties under the Equality Act. This is matter for the courts.
• We cannot require the Council to refund the amount paid for the PCN: and
• We do not consider an investigation would lead to a different outcome as the Council has already confirmed it will be reviewing the way it considers challenges to PCNs.

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Investigator's decision on behalf of the Ombudsman