Summary: The Ombudsman will not investigate Mr X’s complaint that the Council issued a fixed penalty notice for the wrongful disposal of household waste. It is for a court not the Ombudsman to decide any dispute about the issuing of the fixed penalty notice.

The complaint

1. Mr X complains that in September 2020 the Council issued a fixed penalty notice requiring him to pay £400 for the inappropriate disposal of household waste. Mr X says the Council should not have issued the notice, that he took reasonable steps to have the waste collected from the assigned position, and that the Council has not acted properly in how it has dealt with the matter. Mr X says the Council should cancel or reduce the fine and due to his income allow him to pay in instalments.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. I have considered Mr X’s information and comments. I sent Mr X a draft decision statement before reaching a decision.

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What I found

4. On 2 September 2020, the Council issued Mr X with a fixed penalty notice for an ‘unauthorised deposit of waste’. The notice says this was ‘illegal dumping of waste on a public highway’ opposite a shop. The notice says the fine of £400 should be paid within 14 days or the Council may issue a summons to court.
5. Mr X says he contacted the Council’s environmental enforcement team and explained his position but it wrote on 10 September to say it was not cancelling the fine.
6. Mr X refers to government guidance and says he believes he took reasonable steps to leave the refuse in the assigned location the day before the bin was collected. He says the Council has not had regard to the correct procedure in issuing the fixed penalty notice.

Analysis

7. I will not investigate Mr X’s complaint for the following reasons:
8. Mr X has a choice of either paying the fixed penalty notice or defending himself at court should the Council decide to prosecute him. It is for a court to decide such a case not this office. That may include the evidence and a suggestion of procedural irregularity.
9. If Mr X decides to pay the fixed penalty notice he may contact the Council and ask it to consider his financial circumstances.

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Final decision

10. The Ombudsman will not investigate Mr X’s complaint that the Council issued a fixed penalty notice for the wrongful disposal of household waste. It is for a court not the Ombudsman to decide any dispute about the issuing of the fixed penalty notice.

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Investigator's decision on behalf of the Ombudsman