Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged traffic contravention. This is because Mr X used the statutory representations and appeals procedure.

The complaint

1. Mr X says the Council did not properly consider his representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention. He says he followed the statutory appeals process and London Tribunal’s refused the appeal.
2. He also says the Council did not make any reasonable adjustments.
3. He says it impacted his physical and mental health. He wants his mitigating circumstances to be considered.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
5. 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. If the person has already appealed we have no power to investigate. (Local Government Act 1974, section 26(6)(a), as amended)
6. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.

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How I considered this complaint

7. I considered information from the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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Assessment

9. We will not investigate this complaint. This is because Mr X has used the statutory representations and appeals procedure. Therefore, the complaint is not within our jurisdiction to investigate.
10. Mr X said the Council did not make reasonable adjustments. 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 or not an organisation has properly taken account of an individual’s rights in its treatment of them. In its complaint response the Council said Mr X had not informed it what reasonable adjustment he required.

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Final decision

11. We cannot investigate this complaint because Mr X used the statutory representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman