The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as there is insufficient evidence of fault by the Council.
The complaint
Mrs X complains the Council will not cancel a penalty charge notice (PCN) it issued to her for driving into a school restriction zone. Mrs X says she did this to collect her grandson’s asthma medication from his school as he was wheezing in the car. Mrs X seeks a refund of the PCN.
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 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 there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended) We investigate complaints of injustice caused by maladministration and service failure. I have used the word fault to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has discretion to cancel PCNs in special circumstances, including when a medical emergency has taken place. The Council considered the representations Mrs X made against the PCN but in its view, proof of a medical emergency was not provided. The Council decided therefore that the PCN should not be cancelled.
I recognise that Mrs X remains unhappy at the Council’s decision but unless there is fault in the way it reached the decision, we cannot question it. I have not seen an indication of such fault and as such, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman