Summary: The Ombudsman will not investigate Mr X’s complaint about a Fixed Penalty Notice he received for dropping a cigarette butt. This is because the courts are better placed to consider the evidence and decide if the offence occurred.

The complaint

1. The complainant, whom I shall call Mr X, complains about a Fixed Penalty Notice (FPN) for dropping a cigarette butt. Mr X says he picked up the cigarette butt as soon as he was approached by a Civil Enforcement Officer.

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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 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 considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before reaching a final decision on his complaint.

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What I found

4. Under Section 87 of the Environmental Protection Act 1990, it is an offence to drop litter on land which is ‘open to the air’. Councils can issue FPNs to people who drop litter. If the fine is not paid, the Council can start court proceedings for non-payment. The person who received the FPN can then defend those proceedings.
5. Mr X received an FPN for dropping a cigarette butt. Mr X says he picked it up as soon as a Civil Enforcement Officer approached him. Mr X says he did not “satisfy the full criteria of "The Criminal Offence of Littering”””” and questions if the Enforcement Officer followed the proper process when issuing the FPN.
6. The Ombudsman’s role is to look for administrative fault. We are not an appeal body and could not say whether the FPN was correctly issued or if the offence occurred. If Mr X contests the FPN and decides not to pay it, the Council may prosecute him. Mr X would then have a right of defence in the Magistrates’ Court and could present his evidence to the Court. The Court is better placed to consider the evidence from both parties. It can decide if decide if the offence was committed and whether to cancel the FPN. The Ombudsman can do neither.

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Final decision

7. The Ombudsman will not investigate Mr X’s complaint. This is because the courts are better placed to consider the evidence and decide if the offence occurred.

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Investigator's decision on behalf of the Ombudsman