Summary: Mr X complained about receiving a fixed penalty notice for littering. The Ombudsman cannot investigate this complaint. This is because the penalty was issued for a criminal offence and criminal matters are outside our jurisdiction.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council issuing a fixed penalty notice for littering. He says he offered to pick up the cigarette butt which he discarded once the officers issued the penalty.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint and he has been given the opportunity to comment on the final decision.

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What I found

4. Mr X received a fixed penalty notice for discarding a cigarette butt in a public place. He says that when the officers stopped him, he offered to pick up the litter. The Council says its video evidence does not support Mr X’s claim that he discarded the litter accidentally or was unaware of what he did.
5. The notice, which is issued under criminal law, gives someone an opportunity to pay a penalty to avoid a prosecution in the Magistrates Court. Mr X paid the penalty but feels the Council was unduly harsh in its application of the law.
6. The Ombudsman cannot investigate matters which are subject to court proceedings. Once the penalty was issued Mr X had the choice of paying the reduced penalty or challenging the Council’s prosecution in the court.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because the penalty was issued for a criminal offence and criminal matters are outside our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman