Summary: We will not investigate Miss B’s complaint about a Fixed Penalty Notice. This is because only the courts can decide whether Miss B has committed a criminal offence.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council issued her with a Fixed Penalty Notice for £400 for an alleged fly tipping offence close to her home. Miss B says she did not leave the rubbish which the Notice is about. Miss B would like the Council to cancel the fine and monitor the area more closely.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

5. Miss B may pay the fine or wait for the Council to start prosecution proceedings against her. If the Council starts court proceedings Miss B would have the opportunity to argue her defence at court.
6. Miss B does not want to risk being taken to court by the Council. But, only the courts can decide whether a criminal offence has been committed. It is not our role to provide an alternative right of appeal or to form a view on criminal allegations. So, we will not investigate Miss B’s complaint.

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Final decision

7. We will not investigate Miss B’s complaint because the courts are in the best position to consider the matter.

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Investigator's decision on behalf of the Ombudsman