Mr A made a complaint on behalf of Mr B regarding the actions of Cardiff Council (“the Council”) in February 2024 when Enforcement Agents (“EA”) wrongly identified Mr B as a person who owed money for parking offences.
The investigation focused on whether the EAs followed appropriate procedures in identifying Mr B as the person who owed money for the parking offences, whether the Council failed to act appropriately towards Mr B as a vulnerable person who spoke very little English and needed a translator and whether the Council’s response to the complaint was appropriate.
Following the commencement of the investigation, the Council agreed to the following in full settlement of the complaint.
The Council agreed, within 1 month of this decision, to:
• pay Mr B £500 in recognition of the distress caused by the enforcement visit and the compounding distress caused by its initial handling of the complaint.
• provide Mr B with a meaningful written apology for both the issues around the enforcement visit and for the way in which the complaint was subsequently handled.
The Council agreed, within 3 months of this decision to:
• draft and provide the Ombudsman with a copy of its approved internal guidelines in support of current working practices for EAs, which will specifically include the following:
– Identification checks: A form of identification will be requested to ensure engagement is undertaken with the correct individuals where appropriate and proportionate, for example: where there are communication or language barriers, where there is doubt around whether the person present is the named debtor or where verification is necessary to proceed lawfully or safely.
– Body Worn Cameras (“BWC”): Where language barriers are evident during property visits, EAs will activate BWCs to ensure that all conversations are recorded. If the EA believes there has been a lack of understanding, they will notify the Senior EA to ensure the footage is retained beyond the usual retention period.
– Interpreter access: Where appropriate, access to an interpreter via the Wales Interpretation and Translation Service (“WITS”) will be offered. It is recognised that this may not always be practical during doorstep visits. If a family member is chosen to interpret, this will be recorded in the EA’s notes and captured on BWC footage.
– Case note recording: All Enforcement Team members will be informed of the importance of recording full and accurate notes immediately following visits. Retrospective note-taking is not acceptable practice.
– Escalation: EAs will immediately report and escalate any circumstances where there is a cause for concern for a vulnerable person during enforcement visits.
– Monitoring: the enhanced procedures will be monitored periodically to ensure continued compliance and effectiveness.
