Summary: We will not investigate this complaint about the Council use of Enforcement Agents to recover a liability for a penalty charge notice (PCN). The Council have now acknowledged Miss X was not liable and has said it will make an offer of a financial remedy directly to Miss X, to recognise her injustice and this is appropriate.

The complaint

1. Miss X complained because the Council instructed Enforcement Agents (Bailiffs) to recover a debt, after it issued her with a penalty charge notice (PCN). Miss X said she was not liable, and she was also unhappy the bailiffs did not properly consider her vulnerabilities.

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The Ombudsman’s role and powers

2. 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, or

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X complained the Council issued her with a PCN and then started enforcement action; Miss said she was not liable for the PCN. During our enquiries, the Council said Miss X had not responded to any of its earlier notices preceding enforcement action. It also said it had reviewed Miss X’s information and had accepted she was not liable for the PCN.
6. In response, the Council told me it would arrange to withdraw the PCN and cancel any associated fees related to the enforcement action. It also said it accepted earlier resolution could have avoided Miss X being caused unnecessary stress and said it would offer Miss X a symbolic financial remedy of £250 to recognise her injustice. Because this offer is in line with our guidance on remedies, further investigation would not lead to a different outcome.
7. Miss X also complained about the conduct of the bailiffs, and she said they did not give enough consideration to her vulnerabilities because she was living with poor mental health. On the evidence the Council provided, I am satisfied it considered information relating to Miss X’s mental health and paused enforcement action at intervals. Because of this, I have not seen enough evidence of fault to justify an investigation on this aspect.

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Final decision

8. We will not investigate Miss X’s complaint because the Council have offered a suitable remedy that recognises Miss X’s injustice.

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Investigator's decision on behalf of the Ombudsman