Summary: We will not investigate this complaint about the Council’s decision to issue a school absence fixed penalty notice. There is no worthwhile outcome achievable from our investigation. Additionally, Mrs X can challenge the notice in court. 

The complaint

1. Mrs X complained the Council wrongly issued a fixed penalty notice (FPN) for her child’s unauthorised absence from school. Mrs X said the Council did not consider all the circumstances of the absence before issuing the FPN.
2. Mrs X said this caused distress.
3. Mrs X wants the Council to cancel the FPN.

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The Ombudsman’s role and powers

4. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We may decide not to start or continue with an investigation if we think the issues could reasonably be mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by Mrs X
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Ombudsman cannot tell the Council it should cancel an FPN. There is therefore no worthwhile outcome achievable by us investigating.
9. A person who receives a FPN may either pay the FPN or wait for the Council to pursue the matter in court. If the Council starts court action, the person can challenge the FPN in court. Therefore, Mrs X can raise a defence in court against the issuing of an FPN.

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Final decision

10. We will not investigate Mrs X’s complaint because there is no worthwhile outcome achievable by our investigation. Additionally, Mrs X can raise a defence against the issuing of the FPN in court. 

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Investigator's decision on behalf of the Ombudsman