Northumberland County Council (20 008 794)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 13 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about receiving a fixed penalty for dog fouling as the appropriate way for Mrs X to challenge this was via the courts.
The complaint
- Mrs X complains the Council unjustly issued her with a fixed penalty for dog fouling. Mrs X is also unhappy about the way the issuing officer responded to her requests for identification. Mrs X says she has been caused stress by the way the Council has dealt with her.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered what Mrs X said in her complaint and sent her my draft decision on it for her comments.
What I found
- Mrs X complains she was issued with a fixed penalty for dog fouling when she was actually in the process of picking up. Mrs X also complains the office that issued the fixed penalty gave no introduction and used an ID card which Mrs X was unable to make out.
- The Council considered Mrs X’s complaints and concluded the fixed penalty was justified. It says its officer maintains he did identify himself at the time, and showed his ID at a distance, due to social distancing measures. It says that the card may have been worn, does not invalidate it.
- Mrs X paid the fine.
Analysis
- That Mrs X disputes that she committed the dog fouling offence was a matter for the courts, had Mrs X not paid the fine and the Council decided to prosecute. Additionally, it is unlikely we can meaningfully add to what the Council has said in respect of how its officer identified himself to Mrs X. We will not therefore investigate this complaint.
Final decision
- My decision is we will not investigate this complaint. This is because the correct way for Mrs X to challenge this was ultimately through the courts.
Investigator's decision on behalf of the Ombudsman