Wyre Borough Council (20 007 159)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 16 Dec 2020
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the actions of the Council leading to her prosecution for littering and the fine is being deducted from her benefit payments, causing financial hardship. The matter has been decided in court and is therefore outside our jurisdiction.
The complaint
- The complainant, who I will call Mrs X, says the Council failed to send information about a Fixed Penalty Notice for littering to her correct address. She says this led to her being prosecuted and found guilty in her absence.
- She wants the Council to review the fine, compensate her for stress and update record with date she left her former address.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered the information provided by Mrs X and discussed the complaint with her.
What I found
- Mrs X says the Council evicted her from her home. During this time, a Council Officer decided to issue her with a Fixed Penalty Notice for littering. Mrs X says she could not give the officer an address as she was homeless. She says the Officer advised her the Council would get the address from the ownership details of the car she was driving.
- Mrs X says she had borrowed the car from someone else. And when the paperwork about the Fixed Penalty Notice arrived at her new home, she had already been prosecuted for non-payment, and found guilty and fined by the court in her absence.
- The Ombudsman does not have jurisdiction to investigate what happened in a court (paragraph 3). This includes the Council’s evidence and statements provided to the court.
Final decision
- The Ombudsman cannot investigate Mrs X’s complaint about the Council’s prosecution of her for littering. The matter had been decided in court and is therefore outside our jurisdiction.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman