West Suffolk Council (21 004 646)
Category : Environment and regulation > COVID-19
Decision : Closed after initial enquiries
Decision date : 13 Aug 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a fixed penalty notice issued by the Council for an alleged breach of COVID-19 restrictions. This is because the matter concerns an alleged criminal offence which the courts are better placed to consider.
The complaint
- The complainant, who I will call Mr C, complains about a fixed penalty notice (FPN) issued by the Council for an alleged breach of COVID-19 restrictions. He says his business has been singled out and that the FPN has caused him stress.
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 information provided by Mr C and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Mr C a FPN for breaching COVID-19 restrictions. A FPN provides a way to discharge liability for a criminal offence by paying a fine rather than facing prosecution.
- Mr C disputes that he breached COVID-19 restrictions. He wrote to the Council to appeal against the FPN but the Council refused to cancel it.
- I will not investigate this complaint because the courts are better placed to consider this matter. It is not for us to decide whether Mr C 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 to the court in his defence. It is for the courts to decide if Mr C committed a criminal offence, and it has the power to cancel the FPN if it decides he has not.
Final decision
- We will not investigate Mr C’s complaint because the courts are better placed to consider the matter.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman