The Ombudsman's final decision
Summary: We will not investigate this complaint about penalty charge notices for not paying to drive in the Birmingham Clean Air Zone. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The Council has already resolved the complainant’s concerns.
The complaint
The complainant, who I refer to here as Miss X, complained about penalty charge notices issued by the Council for not paying the charge to enter the Clean Air Zone.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council. I also considered our Assessment Code.
Final decision
We will not investigate Miss X’s complaint because the Council has already resolved her concerns.
Investigator's decision on behalf of the Ombudsman