Summary: We cannot investigate this complaint about how the Council issued Mr X with a fixed penalty for littering and the fine he has ultimately received. This is because this matter has been to court and we therefore now have no remit to investigate.

The complaint

1. Mr X complains about the Council issuing him with a fixed penalty for littering. Mr X says he did not litter and that he received the fixed penalty due to racial profiling. Mr X has been impacted financially by the fine issued, after the case went to court.

Back to top

The Ombudsman’s role and powers

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We cannot investigate Mr X’s complaint as his case has been heard in the magistrates’ court and we can therefore have no involvement in it.

Back to top

Final decision

6. We cannot investigate Mr X’s complaint because his case has been heard in court and we therefore have no remit to consider the matter.

Back to top

Investigator's decision on behalf of the Ombudsman