The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint the Authority sent her several unpaid toll charge notices after using the Tyne Tunnels. This is because there is not enough evidence of fault by the Authority to justify investigating.
The complaint
Miss X complains, after using the Tyne Tunnels, the Authority sent her multiple unpaid toll charge notices (UTCNs) despite being exempt from such charges as a blue badge holder. She says the Authority’s email notification alerting her to renew her Exemption Account went to her junk mail, meaning she missed renewing it in time. She complains the Authority’s mobile application did not alert her to the issue.
Miss X is deaf and British Sign Language (BSL) is her first language. She complains she is experiencing barriers accessing the UTCN appeals process without a BSL/English interpreter. She complains she is unable to contact the Authority through BSL and this puts her at a disadvantage
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, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Prior to the most recent UTCNs, the Authority made it clear to Miss X in a previous appeal response that she had to apply for an exemption and explained how to apply. The Tyne Tunnels website says blue badge holders must renew their exemption permits each year. For these reasons, we will not investigate because there is not enough evidence of fault by the Authority to justify investigating.
It is not a proportionate use of our resources to investigate the Authority’s appeal or complaint handling alone when we are not investigating the underlying matter complained about. So, we will not investigate.
Final decision
We will not investigate Miss X’s complaint the Authority sent her several unpaid toll charge notices after using the Tyne Tunnels. This is because there is not enough evidence of fault by the Authority to justify investigating.
Investigator's decision on behalf of the Ombudsman