Summary: The Ombudsman will not consider Mrs X’s complaint the Council issued her with a Fixed Penalty Notice for walking her dog off lead in a dog control area. Mrs X paid the Fixed Penalty Notice and therefore did not use her opportunity to defend herself in court. It is reasonable to expect Mrs X to have refused to pay the fine and argue her case in court if she wanted to challenge it.

The complaint

1. Mrs X complained the Council issued her a £100 Fixed Penalty Notice (FPN) for walking her dog off lead in a dog control area. Mrs X says the Council poorly signposted the area and should have exercised its discretion not to issue the FPN. She says this was distressing and financially challenging.

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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, or was, another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered all the information Mrs X provided. I have also considered the Council’s response. I have written to Mrs X with my draft decision and considered her comments.

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What I found

5. The Council issued Mrs X with a £100 FPN in December 2019 after walking her dog off lead in a dog control area. This a breach of a Public Space Protection Order (PSPO) and is a criminal offence.
6. Regulation 3(4)(a) of the Dog Control Orders (Procedures) Regulations places a duty on Councils that where practicable, information signs must be placed on land subject to an order. Mrs X says the field where she received the FPN had a small sign placed above eye level and poorly kept.
7. Once Mrs X received the FPN, she had two options. She could pay the fine and discharge her liability, or offer a defence in a Magistrates’ Court. Mrs X paid the FPN in December 2019.
8. The Ombudsman cannot say whether the Council properly issued the FPN. The court would have been able to decide whether the law was properly applied and whether there was an offence. The court could also have addressed Mrs X’s concerns about the Council’s no tolerance policy and the quality of signage.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Mrs X to have refused to pay the FPN and argue her case in court.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman