Summary: The Ombudsman cannot investigate this complaint about a Fixed Penalty Notice for an alleged dog fouling offence. This is because legal action has started.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Fixed Penalty Notice (FPN) that the Council issued for alleged dog fouling.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I read the complaint and some of the letters the Council sent to Ms X about the FPN. I invited Ms X to comment on a draft of this decision.

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What I found

Fixed Penalty Notice

5. The Council can issue a FPN if it believes someone has allowed their dog to foul a public area. If the person pays the fine the Council closes the case. If the person does not pay the fine the Council can prosecute. The person can raise a defence in court if they do not think they have committed an offence.

What happened

6. The Council gave Ms X a FPN for a dog fouling offence. Ms X does not accept the fine because she says she was in the process of cleaning up after her dog. She also complains about the conduct of the officer who issued the fine. She says the officer stopped her from picking up the mess.
7. Ms X has not paid the fine. The Council has started legal action. Ms X has pleaded not guilty. Ms X and the Council are waiting for a court date.

Assessment

8. I cannot start an investigation because legal action has started. The law says the Ombudsman cannot investigate any matter which is subject to legal proceedings. The court will decide if Ms X committed an offence. The Ombudsman cannot interfere in that process.
9. Ms X complains about the conduct of the officer. However, this forms part of the issuing of the FPN and part of the legal action. There is no part of the complaint that I can investigate.

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Final decision

10. I cannot start an investigation because the matters are subject to legal action.

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Investigator's decision on behalf of the Ombudsman