Chelmsford City Council (20 014 409)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 18 May 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how the Council dealt with matters relating to a fixed penalty notice that the complainant received for an alleged littering offence. This is because the matter has been considered in court and the law prevents the Ombudsman from investigating matters which have been subject to court proceedings.
The complaint
- The complainant, who I will refer to as Mr X, complains that about how the Council dealt with maters relating to a fixed penalty notice that was issued to him for an alleged littering offence.
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 Mr X’s complaint and sent him a draft version of this decision and invited his comments.
What I found
- Mr X received a Fixed Penalty Notice for an alleged littering offence. The Council subsequently took legal action for the fine to be considered by the courts. Prior to the hearing, Mr X provided the Council with evidence in support of his case. However, the Council still proceeding with court action.
- The Court heard the case in December 2020 and found in Mr X’s favour. It also awarded him his legal costs.
- Mr C complains that the Council failed to follow its codes of practice and that the matter should never have ended up in court.
Assessment
- I cannot start an investigation into Mr X’s complaint about how the Council dealt with matters relating to a FPN he received for an alleged incident of littering.
- This is because the FPN has been subject to court proceedings and the law does not allow us to investigate anything which forms part of legal proceedings.
Final decision
- We cannot investigate this complaint. This is because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman