Summary: We will not investigate this complaint about Mr X’s complaint about the Council issuing him a Fixed Penalty Notice. This is because we have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Mr X complains that the Council issued him a Fixed Penalty Notice (FPN) for littering.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X was issued a FPN for flicking cigarette ashes/cigarette end on the floor. Mr X says the warden touched him and told him that he was not issuing a fine, just a caution.
6. The Council confirms it has reviewed body cam footage and is satisfied the officer did not touch Mr X. It says the officer told him he was “going to discharge liability to keep this matter away from the courts by issuing an on-the-spot fixed penalty notice”.
7. A FPN allows an alleged offender to discharge their liability, and avoid prosecution, by making payment.

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Final decision

8. We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman