Summary: We will not investigate this complaint about the Council’s Penalty Charge Notice payment process. This is because any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complained the Council did not provide proof of payment for a PCN (Penalty Charge Notice). He said the Council did not follow its complaint process. He said he found the Council’s response upsetting and insulting. He wants the Council to apologise.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement,

(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. Mr X said the Council did not automatically provide a receipt for his PCN payment. After he complained to the Council it provided him a receipt and explained when it receives payment a reference number is provided as proof of payment.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
7. Mr X complained the Council did not follow its complaints process. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman