Summary: We will not investigate Mr X’s complaint about the conduct of Civil Enforcement Agents this is because there is a better body placed to investigate. Additionally we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained that the Council failed to properly investigate the conduct of Civil Enforcement Agents (CEA) who issued him with multiple Penalty Charge Notices (PCN).
2. Mr X said the actions of the CEA caused his family to be concerned for his safety during the interaction. He also said the Council dismissed his complaint.
3. Mr X wants a clear explanation of the investigation into the CEAs, an apology and compensation.

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The Ombudsman’s role and powers

4. 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: we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. The Council can issue a PCN where a vehicle has not parked correctly in a designated area. The Council may outsource the enforcement of PCN to an agency to act on the Councils behalf. It is possible to appeal a PCN or in limited circumstances make a complaint to the Council
8. Mr X parked in a bay that was not clearly painted. He received PCN’s for doing so. In Mr X’s conversation with the CEA he alleged they behaved in a way that caused distress.
9. Mr X appealed unsuccessfully against the PCNs. Mr X then complained to the Council. It apologised, cancelled the PCNs and asked its contractor to carry out an internal investigation.
10. The conduct of CEAs are regulated by the Enforcement Conduct Board. It would be reasonable for Mr X to make his complaint to them as they are the most appropriate body to determine conduct complaints in this industry.
11. When a local authority has wrongly issued a PCN, we would follow the remedy provided by central government which is, at most, the cancellation of the PCN. Only a court may award compensation.
12. We will not investigate this complaint as there is a better body placed to determine if the CEA’s conduct was unacceptable, and we cannot achieve the outcome Mr X wants.

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Final decision

13. We will not investigate Mr X’s complaint because there is a better body placed to do so and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman