Sheffield City Council (26 013 595)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to issue school absence fixed penalty notices. There is no worthwhile outcome achievable from our investigation. Additionally, Mr X can challenge the notices in court.
The complaint
- Mr X complained the Council wrongly issued several fixed penalty notices (FPNs) for his children’s unauthorised absence from school. Mr X said the Council did not consider all the circumstances and misused its discretionary powers.
- Mr X said this caused distress.
- Mr X wants the Council to review its processes, cancel the outstanding FPNs and refund the ones he has already paid.
The Ombudsman’s role and powers
- 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))
- 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))
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot tell the Council it should cancel FPNs or refund Mr X for the ones he has already paid. There is therefore no worthwhile outcome achievable by us investigating.
- 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, Mr X can raise a defence in court against the FPNs.
Final decision
- We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation. Additionally, Mr X can raise a defence against the FPNs in court.
Investigator's decision on behalf of the Ombudsman