Summary: We cannot investigate Mr Z’s complaint about the Council’s handling of a Penalty Charge Notice because he has used an alternative legal remedy and the law does not allow us to investigate. We will not investigate Mr Z’s complaint the Council did not make reasonable adjustments when dealing with him. Mr Z has an alternative legal remedy and can apply to the court if he believes the Council has breached the Equality Act 2010 and it would be reasonable to expect him to do so, because we cannot decide this.

The complaint

1. Mr Z complained the Council wrongly issued a Penalty Charge Notice (PCN) and then did not make reasonable adjustments when dealing with him in line with the Equality Act 2010.
2. Mr Z said this caused distress and delay.
3. Mr Z wants the Council to cancel the PCN and compensate him for its failings.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

9. Mr Z received a Penalty Charge Notice after parking his car. Mr Z said the sign advising of parking restrictions was difficult to read due to its location and his disability.
10. Mr Z asked the court at the Traffic Enforcement Centre (TEC) to consider his case. Because of the legislation at paragraph five, the law does not allow us to investigate this matter.
11. Mr Z also said the Council did not make reasonable adjustments, in line with the Equality Act 2010, when dealing with the Penalty Charge Notice and his subsequent complaint.
12. We will not investigate this part of Mr Z’s complaint. The Ombudsman cannot find the Council has breached the Equality Act 2010.
13. Section 113 of the Equality Act 2010 provides members of the public with recourse to the county court for damages claims, if they believe they have suffered unlawful discrimination. And because we cannot decide whether the Council has breached Equality Act 2010, in line with what Mr X is looking for, and the courts can, it is reasonable to expect Mr Z to apply to the court.

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Final decision

14. We cannot investigate Mr Z’s complaint about the Council’s handling of a Penalty Charge Notice because he appealed to the TEC. We will also not investigate Mr Z’s complaint the Council has breached the Equality Act. It is reasonable to expect Mr Z to go to court.

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Investigator's decision on behalf of the Ombudsman