Summary: We will not investigate this complaint about the Authority’s actions relating to an unpaid toll charge notice. There is no significant injustice and no worthwhile outcome achievable by us investigating.

The complaint

1. X was unhappy about the way the Authority handled their unpaid toll charge notice (UTCN). They said they paid a £30 fine under duress, because of a concern of an escalating fine cost. X said this caused them a significant financial injustice.

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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 injustice is not significant enough to justify our involvement and there is no worthwhile outcome achievable by us investigating. (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 I considered the Ombudsman’s Assessment Code.

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My assessment

4. X complained about the way the Authority had communicated with them concerning their appeal against the UTCN. X also said the fine was unjust considering they had subsequently paid the toll charge; they would have been due to pay, and was also unhappy they paid their £30 fine, partly because of the Authority’s inability to properly notify them about the status of their appeal.
5. I will not investigate this complaint because there is no significant injustice to X. We will not normally investigate a complaint unless there is good reason to believe that the complainant has suffered significant personal injustice as a direct result of the actions or inactions of the Council. To satisfy this threshold we would need to be satisfied a person has suffered serious loss, or harm, or distress directly because of the Council’s actions. I am not satisfied any injustice to X, caused by the fault they allege, meets this threshold.
6. X was concerned the Authority identified there had been shortcomings in the way it identified and monitored undelivered email correspondence relating to appeals. They said this was evidence of a systemic failure. The Authority acknowledged this learning as part of its complaint investigation and therefore there is no worthwhile outcome achievable by us investigating.

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Final decision

7. We will not investigate X’s complaint because there is no significant injustice and no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman