The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing to quash a Penalty Charge Notice (PCN) due to Mr X’s sex. This is because it would be reasonable for Mr X to appeal to the Traffic Penalty Tribunal against the PCN, and only the courts can decide if the Council has breached the Equality Act 2010.
The complaint
Mr X complains the Council rejected his representations against a Penalty Charge Notice (PCN) but accepted identical representations from women. He complains the council has breached the Equality Act 2010 by discriminating against him for being a man.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended.
We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about alleged discrimination in the way it rejected his representations on a PCN. The Council told Mr X that it had investigated his complaint but found no evidence of unfair treatment.
We cannot decide if an organisation has breached the Equality Act, this can only be done by the courts. If Mr X considers the Council has breached the Equality Act, it is open to him to seek legal advice and take the matter to court.
After the Council refused his appeal, it would have been reasonable to expect Mr X to seek a remedy for his claimed injustice by appealing against the PCN to the Traffic Penalty Tribunal.
Final decision
We will not investigate Mr X’s complaint because only the courts can decide whether the Council has breached the Equality Act 2010 and discriminated against him, and it would be reasonable to expect him to use his appeal rights to remedy his claimed injustice from receiving a PCN.
Investigator's decision on behalf of the Ombudsman