Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. This is because the Council has already provided a satisfactory remedy, and only the courts can decide if the Council has breached the Equality Act.

The complaint

1. Mr X complains the Council has incorrectly continued to enforce Penalty Charge Notices (PCNs) on a particular road. He also says the Council failed to have due regard to its Public Sector Equality Duty (PSED) under the Equality Act 2010. Mr X says this caused him distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken. (Local Government Act 1974, section 24A(7), as amended)
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 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

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

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My assessment

7. Mr X says the Council has been enforcing invalid Penalty Charge Notices (PCNs) on a particular road. He says the number of enforcement actions has increased over the past year.
8. In its complaint response, the Council explained the issue and the steps it has taken to remedy matters. It said it has asked its Highways department to remove the single yellow line which led to the PCNs being issued. It also said Civil Enforcement Officers (CEOs) have been briefed not to issue further PCNs at this location. The Council confirmed it has cancelled all PCNs issued on this road, including those issued to Mr X, and is monitoring the situation to ensure compliance. It has apologised to Mr X and offered a symbolic payment of £200 in recognition of the distress caused. We will not investigate as these actions amount to a satisfactory remedy. Further investigation would not lead to a different outcome.
9. Mr X also complains about the Council’s handling of the matter, stating that it did not have due to regard to its Public Sector Equality Duty under Equality Act 2010.
10. We will not investigate this part of Mr X’s complaint. The Ombudsman cannot find the Council has breached the Equality Act 2010.
11. 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 X to apply to the court.

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Final decision

12. We will not investigate Mr X’s complaint because the Council has provided a satisfactory remedy and only the courts can decide if the Council has breached the Equality Act 2010.

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Investigator's decision on behalf of the Ombudsman