Summary: We will not investigate this complaint about the conduct of an enforcement agency collecting a debt on behalf of the Council. This is because the Council has agreed to take action to remedy Mr X’s complaint.

The complaint

1. Mr X complains about the conduct and procedural failures of enforcement agents acting on behalf of the Council. Mr X says this caused him significant distress, financial loss and disruption to his work. Mr X says he has spent significant time trying to resolve the matter.
2. Mr X wants the Council to recognise faults in the enforcement process and put right the financial loss suffered, including any fees that resulted from fault by the enforcement agency.

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The Ombudsman’s role and powers

3. 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 or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council instructed an enforcement agent to collect a debt on its behalf for unpaid toll fees accumulated by Mr X. Mr X was unhappy with the conduct of the enforcement agency. He escalated his complaint to the Enforcement Conduct Board (ECB).
7. The ECB is a non-statutory body which aims to provide advice and guidance to enforcement agencies. It also considers complaints about enforcement agencies.
8. We have a memorandum of understanding with the ECB. This includes how we will consider the ECB’s findings when it has already finished considering the same complaint.
• The Local Government and Social Care Ombudsman (LGSCO) will consider the findings of the ECB investigation when deciding on a complaint that has already been resolved by the ECB, for example the remedy offered through the ECB’s investigation.
9. Mr X complained the enforcement agency took a cash payment from him but did not credit it to his account. The ECB could not conclude that any cash payment was made by Mr X following review of body worn video footage. There is no further evidence available to us, so there is not enough evidence of fault to justify investigating.
10. Mr X complained about comments made by an enforcement agent during a visit in January 2026. The ECB upheld this part of Mr X’s complaint, noting that footage showed an agent asking Mr X “why he would steal”, telling Mr X that he was not funny and asking him to apologise.
11. The ECB found the conduct breached their standards, in the agent did not treat Mr X with respect or professionalism. The ECB recommended the agency apologise to Mr X.
12. We try to put people back into the position they would have been in without fault when we make a recommendation. We invited the Council to take action to remedy the injustice which may have been caused by the likely fault. To its credit, it has agreed to do so.

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Agreed Actions

• Issue an apology to Mr X for the distress caused by the enforcement agency acting on its behalf.
• Pay Mr X a symbolic payment of £150 for the distress caused by the enforcement agency acting on its behalf during a visit in January 2026.

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Final decision

13. We will not investigate Mr X’s complaint because the Council has agreed to take action to remedy the distress caused.

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Investigator's decision on behalf of the Ombudsman