Dudley Metropolitan Borough Council (20 006 952)

Category : Environment and regulation > Other

Decision : Closed after initial enquiries

Decision date : 25 Nov 2020

The Ombudsman's final decision:

Summary: We do not have the power to investigate this complaint about a Fixed Penalty Notice. This is because the law prevents the Ombudsman from investigating a matter a court has already considered.

The complaint

  1. Mr Y complains the Council has taken him to court to seek an order to enforce payment of a Fixed Penalty Notice (FPN) for dropping litter when he has already paid the fine.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered the information Mr Y provided about his complaint, including correspondence about the FPN.

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What I found

  1. The Council issued an FPN to Mr Y in February 2020, fining him £75. He has provided a receipt to show he paid the Council £75 in March. The Council sent Mr Y a reminder letter to pay the fine in the middle of March. This explained that “all payments must be made direct to HM Courts & Tribunals Service. Any payments made to any other party… may result in enforcement action as HM Courts & Tribunals Service will have no record of payment”. The Council then sent a final reminder to Mr Y a week later.
  2. The Council then took legal action for the fine to be considered by the courts for non-payment. Mr Y wrote to the Council in August 2020, explaining that he had already paid the fine. The court made a collection order against Mr Y for the recovery of the fine, which was now a higher amount, and costs in September.

Analysis

  1. Mr Y’s had the opportunity to ask the court to consider his payment to the Council before it made the collection order. As the fixed penalty notice and any payment or non-payment of it was considered by the court, we do not have the power to investigate Mr Y’s complaint about the matter.

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Final decision

  1. We do not have the power to investigate this complaint about a Fixed Penalty Notice. This is because the law prevents the Ombudsman from investigating a matter a court has already considered.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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