Summary: We will not investigate this complaint about the Council’s decision to issue a Penalty Charge Notice and an officers conduct. This is because further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council issued her a Penalty Charge Notice (PCN). She said she experienced a medical emergency, and it did not consider her disabilities. She said an officer dismissed her condition and caused her distress. She wants the officer to receive training and the Council to cancel the PCN.

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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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X complained the Council issued a PCN and did not consider her personal circumstances. She said she experienced a medical emergency.
9. In its complaint response the Council said it reviewed the officers statement and its records. It confirmed it issued the PCN because Mrs X parked in an electric charging bay and her car was not connected.
10. It said the officer did not turn on his body camera, so it could not determine which version of events was correct. The Council apologised for any distress caused.
11. Mrs X escalated her complaint to stage two. The Council said because the complaint related to staff conduct it did not come in the remit of the complaints process and it would share the complaint with the officers line manager to review.
12. In its response the Council set out Mrs X’s right to appeal the PCN to the Traffic Penalty Tribunal.
13. We will not investigate this complaint for the following reasons:
• The Council explained why it issued the PCN. It investigated Mrs X’s concerns and apologised for any distress caused. It followed its complaints policy when it referred Mrs X’s complaint about staff conduct to the officers line manager. Further investigation would not lead to a different outcome.
• We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts.
• The Council explained to Mrs X that she could appeal the PCN to the Traffic Penalty Tribunal and it is reasonable for Mrs X to use this right of appeal.

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Final decision

14. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman