Summary: We will not investigate Mr X’s complaint about a fixed penalty notice issued by the Council for an alleged breach of COVID-19 restrictions. This is because the notice concerns an alleged criminal offence which the courts are better placed to consider.

The complaint

1. The complainant, Mr X, complains about a fixed penalty notice (FPN) issued by the Council for an alleged breach of COVID-19 restrictions. He says the FPN has caused him stress and worry and carries a financial cost.

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The Ombudsman’s role and powers

2. This complaint involves events that occurred during the COVID-19 pandemic. The Government introduced a range of new and frequently updated rules and guidance during this time. We can consider whether the council followed the relevant legislation, guidance and our published “Good Administrative Practice during the response to COVID-19”.

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)

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How I considered this complaint

3. I reviewed Mr X’s complaint, shared my draft decision with his representative Mr Y and invited his comments.

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What I found

4. The Council issued Mr X a FPN for breaching COVID-19 restrictions in December 2020. A FPN provides a way to discharge liability for a criminal offence by paying a fine rather than facing prosecution.
5. Mr X disputes that he breached any COVID-19 restrictions. He wrote to the Council to appeal against the FPN but the Council declined to cancel it.
6. It is not for us to decide whether Mr X committed a criminal offence. If he wishes to challenge the FPN he may refuse to pay the penalty and, if the Council decides to pursue the matter, it may prosecute him. He may then present his evidence at the magistrates’ court in his defence. The court is better placed to consider whether Mr X committed an offence and if it decides he did not, it has the power to cancel the FPN.

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Final decision

7. We will not investigate this complaint. This is because it concerns a dispute over an alleged criminal offence which the courts are better placed to deal with.

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Investigator's decision on behalf of the Ombudsman