Bristol City Council (19 008 324)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 17 Oct 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about a Fixed Penalty Notice he received for drinking alcohol in a public place. This is because if Mr X wanted to dispute the offence he had the opportunity of refusing to pay and raising a defence in court.
The complaint
- The complainant, whom I shall call Mr X, says the Council was wrong to issue him with a Fixed Penalty Notice (FPN) for drinking alcohol in a public place.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.
What I found
- The Council issued Mr X with an FPN for drinking alcohol in a public park. Mr X says the Council was wrong to do this because he was not given the opportunity to pour away the alcohol or leave the park. Mr X also says the signs explaining alcohol was not allowed were not clear. Mr X says he paid the fine to prevent the Council taking further action.
- It is not the role of the Ombudsman to decide if a person has committed an offence, such as the one at the heart of Mr X’s complaint. Mr X had the option to not pay the FPN and to defend himself in court if the Council started proceedings against him. Mr X could have challenged the Council’s evidence during the proceedings and raised his own defence. By paying the fine Mr X has accepted liability for the offence. An investigation by the Ombudsman is not therefore appropriate.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because if Mr X wanted to dispute the offence he had the opportunity of refusing to pay and raising a defence in court.
Investigator's decision on behalf of the Ombudsman