Summary: The Ombudsman will not investigate this complaint about a Fixed Penalty Notice for dropping litter (a cigarette). This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Fixed Penalty Notice (FPN) and says the Council will not accept a variable payment plan.

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The Ombudsman’s role and powers

2. 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 with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and emails the Council sent to Mr X. I invited Mr X to comment on a draft of this decision.

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What I found

4. The Council can issue a FPN if it believes someone has dropped litter. The fine is £80. If the person pays the fine the Council closes the case. If the person does not pay the Council may prosecute and refer the case to the magistrates. The person can raise a defence in court and can also make representations to the Council before legal action starts. If it proceeds to court the magistrates decide if the person has committed an offence.
5. Since 2018 the Council has had a zero tolerance approach to littering.

What happened

6. The Council issued Mr X with a FPN for dropping a cigarette. The fine was £80. Mr X did not challenge the fine but offered to pay £5 a month. The Council rejected the offer because it was too low. It said it would accept £5 a week. Mr X appears to have accepted the offer but wanted the Council to take the money from his bank account. The Council explained it does not take money from people’s accounts for FPNs. It said Mr X would need to pay by credit or debit card.
7. Mr X has not made any payments towards the FPN. In about a month the Council will start to prepare the case for a possible prosecution. Mr X can still pay the FPN and can do so until the Council starts legal action. The Council will accept variable payments.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council issued a FPN because an officer saw Mr X drop a cigarette. Mr X says the cigarette was burning his fingers and it was biodegradable. However, he did not make representations to the Council but, instead, offered to pay. Mr X can withhold payment, and raise a defence in court, if he does not think he has committed an offence. It would then be for the magistrates to decide the case.
9. Mr X says the Council will not accept payment in instalments. But, the Council agreed he could pay £5 a week and explained how he could make the payments. Mr X can still do this or he can pay different weekly amounts providing he pays the £80 before the Council starts legal action. If Mr X does not pay he may be prosecuted. If the court finds that Mr X has committed an offence the fine may be more than £80.

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Final decision

10. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman