The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to respond to his representations against a penalty charge notice. This is because the Council has provided a suitable remedy for the complaint.
The complaint
The complainant, Mr X, complains the Council failed to respond to his representations against a penalty charge notice (PCN).
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council accepts it failed to respond to Mr X’s representations against the PCN within the statutory limit of 56 days. It has therefore cancelled the PCN.
The Council’s cancellation of the PCN provides a suitable remedy for the complaint and it is unlikely we would recommend anything further.
Final decision
We will not investigate this complaint. This is because the Council has provided a suitable remedy.
Investigator's decision on behalf of the Ombudsman