London Borough of Brent (19 014 716)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 10 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss X’s complaint about a Fixed Penalty Notice for fly-tipping. This is because the courts are better placed to consider the evidence and decide if the offence occurred.
The complaint
- The complainant, whom I shall call Miss X, complains about a Fixed Penalty Notice (FPN) for fly-tipping. Miss X denies the offence and wants the FPN cancelled.
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 Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint.
What I found
- Fly-tipping is the illegal dumping of waste. Under the Environmental Protection Act, councils can issue FPNs to people caught fly-tipping. 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.
- Miss X received an FPN for fly-tipping. Miss X denies the offence.
- 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 Miss X contests the FPN and decides not to pay it, the Council may prosecute her. Miss X will then have a right of defence in the Magistrates’ Court and she can present her evidence to the Court. The Court is better placed to consider the evidence from both parties and decide whether to cancel the FPN. The Ombudsman cannot do this.
Final decision
- The Ombudsman will not investigate Miss X’s complaint. This is because the courts are better placed to decide if the offence occurred and if the Fixed Penalty Notice should be cancelled.
Investigator's decision on behalf of the Ombudsman