Leeds City Council (19 018 054)
Category : Environment and regulation > Antisocial behaviour
Decision : Closed after initial enquiries
Decision date : 07 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about a Fixed Penalty Notice he received for allegedly throwing a cigarette out of a car window. This is because the courts are better placed to consider the evidence and decide if the offence occurred.
The complaint
- The complainant, whom I shall call Mr X, complains about a Fixed Penalty Notice (FPN) for allegedly throwing a cigarette butt out of a car window. Mr X disputes the offence.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), 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
- Under Section 87 of the Environmental Protection Act 1990, it is an offence to drop litter on land which is ‘open to the air’. Councils can issue FPNs to people who drop litter. If the fine is not paid, the Council can start court proceedings for non-payment. The person who received the FPN can then defend those proceedings.
- The Council has issued Mr X with an FPN for throwing a cigarette butt out of a car window. Mr X disputes the offence. The Council originally said dashcam footage was available, but this cannot now be downloaded. The Council has refused to cancel the FPN and says a Civil Enforcement Officer witnessed the offence.
- The Ombudsman’s role is to look for administrative fault. We are not an appeal body and could not say whether the FPN was correctly issued. If Mr X contests the FPN and decides not to pay it, the Council may prosecute him. Mr X will then have a right of defence in the Magistrates’ Court, and he can present his evidence to the Court. The Court is better placed than the Ombudsman to consider the evidence from both parties and decide whether to cancel the FPN.
Final decision
- The Ombudsman will not investigate Mr X’s complaint. This is because the courts are better placed to consider the evidence and decide if the offence occurred.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman