Summary: The Ombudsman cannot investigate Ms X’s complaint about a Fixed Penalty Notice for littering. This is because the matter has been considered in court. It is therefore outside the Ombudsman’s jurisdiction with no discretion to investigate.

The complaint

1. Ms X complains about a Fixed Penalty Notice (FPN) for littering. Ms X is also unhappy the Council has published her details on its website.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. Under the Environmental Protection Act 1990, it is an offence to drop litter. Councils can issue FPNs to people who drop litter. A person can discharge their liability to prosecution for the offence of littering by paying the FPN. If a person does not pay the fine, the Council can start court proceedings for non-payment. The person who received the FPN can then defend those proceedings in court.
7. The Council issued Ms X with an FPN for littering. Ms X pleaded not guilty and the case was heard in the magistrates’ court. Ms X did not attend court and the case was heard in her absence. The court was satisfied Ms X committed the offence and found her guilty.
8. The Ombudsman’s role is to look for administrative fault. We cannot interpret the law or decide liability for offences such as the one the Council said Ms X committed. If Ms X disputed the offence she could have presented a defence in court. The law prevents the Ombudsman from investigating any matter that has been considered in court. The complaint is therefore outside the Ombudsman’s jurisdiction.
9. Ms X is also unhappy the Council has published her details on its website. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes publishing personal information in error.
10. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. If Ms X thinks the Council has wrongly published her personal information, then she should complain to the ICO. This is because the ICO is the appropriate body to consider her concerns.

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Final decision

11. The Ombudsman will not investigate Ms X’s complaint. This is because the matter has been considered in court. It is therefore outside the Ombudsman’s jurisdiction with no discretion to investigate.

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Investigator's decision on behalf of the Ombudsman