Summary: We will not investigate this complaint about the Council issuing X with a Fixed Penalty Notice. X has paid the fine and has accepted liability for it. There is no worthwhile outcome achievable from our investigation.

The complaint

1. X says the Council was wrong to have issued them with a fixed penalty notice (FPN), because their child was not attending school. X said their child had special educational needs, and the Council did not take this into account. X said the Council’s decision caused them financial detriment and wants to know what information the Council considered when it decided to issue them with an FPN.

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The Ombudsman’s role and powers

2. 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))
3. We may decide not to start or continue with an investigation if we think the issues could reasonably have been 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

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

My assessment 

5. 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 and the information the Council relied upon to issue an FPN, can be considered by the court.
6. Therefore, if X disputed any of the information, they could have waited until the Council prosecuted them and challenged the notice by raising a defence in court against the issuing of an FPN. X said they paid the fine to avoid prosecution.
7. The Ombudsman cannot tell the Council it should cancel an FPN or repay the amount of the fine, where someone has already paid because this means they have accepted liability for the fine. There is therefore no worthwhile outcome achievable by us investigating.

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Final decision

8. We will not investigate X’s complaint because there is no worthwhile outcome achievable by us investigating.

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Investigator's decision on behalf of the Ombudsman