Summary: We will not investigate this complaint about the Council's handling of ten Penalty Charge Notices. The Council has already, cancelled the Penalty Charge Notices (PCNs) and stopped enforcement action. There is no worthwhile outcome achievable by further investigation.

The complaint

1. Miss X complains on behalf of Mr Y that the Council failed to properly consider challenges to ten Penalty Charge Notices (PCNs) issued to Mr Y, who is disabled and holds a Blue Badge. She says the Council continued enforcement action and added fees despite the matter being under challenge and did not respond properly. She wants the Council to suspend enforcement action and cancel the PCNs.

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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:

• we could not add to any previous investigation by the organisation, or
• there is no worthwhile outcome achievable by our investigation (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council considered Miss X’s complaint through its complaint’s procedure. It concluded the PCNs were issued correctly and had progressed through the statutory process. However, following its review and the further information submitted by Miss X, the Council exercised discretion to cancel all ten PCNs and stop enforcement action. The Council also acknowledged that it could have communicated better with Miss X and that it would learn from her and Mr Y’s case. The outcome Miss X wanted has therefore already been achieved.
6. We will not investigate this complaint as we are unlikely to add to the Council’s review or achieve anything further.

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Final decision

7. We will not investigate Miss X’s complaint as we are unlikely to add to the Council’s review or achieve anything further.

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Investigator's decision on behalf of the Ombudsman