The Ombudsman's final decision
Summary: We will not investigate this complaint about a fixed penalty notice. Further investigation would not lead to a different outcome.
The complaint
Mr X complained the Council incorrectly visited his home about an unpaid fixed penalty notice (FPN). He said he had previously paid the FPN. He said the Officer who visited his home was intimidating and caused distress to his mother, Ms Y. Mr X said this had caused him upset. He wants compensation for the inconvenience caused.
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: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response the Council accepted it had visited Mr X’s property in error. It confirmed he had paid the FPN, but it had failed to update its system. It also said it usually sent a reminder letter before visiting a resident about an unpaid FPN. It said in this case that did not happen. It accepted if neither of these faults had occurred the home visit would not have happened.
The Council said it had spoken to the Officer who had visited Mr X’s home. It said the Officer had reported they had acted respectfully to Ms Y and had explained what would happen if the fine went unpaid. The Council said it could not determine conclusively if the Officer’s conduct was unacceptable. However, the Council apologised for the faults that led to the visit and for any upset that visit had caused.
We will not investigate this complaint further. The Council has apologised for any distress caused by its visit to Mr X’s property. That is an appropriate remedy for any injustice caused. Further investigation would not lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman