Summary: We will not investigate this complaint that the Council restricted the handing out of leaflets and issued one of the complainants with a Fixed Penalty Notice. This is because a defence against the fixed penalty can be raised in court, and they can appeal any decision by the Council regarding consent to distribute leaflets to the Magistrates Court.

The complaint

1. The complainants, who I will call Dr X and Mr Z, complain that their group was stopped by a Council enforcement officer from handing out religious leaflets in the street without. Mr Z was handed a Fixed Penalty Notice (FPN).

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Dr X and Mr Z’s complaint that their group were stopped from distributing religious leaflets and that they should be allowed to do so in the future. The Council’s website states that consent must be sought for distributing leaflets in some roads. If the complainants feel they do no need consent, or if consent is refused then they have the right of appeal to the magistrates court. It would be reasonable to expect them to use this right of appeal.
7. I will not investigate Mr Z’s complaint that he was unfairly issued a FPN for distributing leaflets without permission. This is because the issue of whether an offence has been committed or not is a matter that can only be determined in court and is therefore not an issue we could decide.

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Final decision

8. We will not investigate Dr X’s and Mr Z’s complaint because a defence against the FPN and an appeal against any decision to restrict the distribution of leaflets can both be raised in court.

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Investigator's decision on behalf of the Ombudsman