Summary: We will not investigate this complaint about a Fixed Penalty Notice the Council issued, and subsequent court proceedings against Mr X for littering. Mr X used his right of appeal to court, and Mr X’s concerns about the unclear status of his case are best directed to the Courts and Tribunals Service Centre.

The complaint

1. Mr X complained the Council issued court proceedings against him for littering but has not then communicated any further with him since. He has gone to significant expense to defend himself, for no action to have progressed a year later. Mr X says he is left with the fear of a criminal record. He wants the Council to confirm whether it intends to prosecute him, and refund his legal costs.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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 or may decide not to continue with an investigation if we decide there is another body better placed to consider the complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued Mr X a Fixed Penalty Notice in 2021 for littering. He appealed this notice, and submitted his not guilty representations to the court after receiving a procedure notice. The law prevents us from considering events up to this point, because Mr X used his right of appeal to court.
7. The court would normally have written to Mr X advising him of next steps. It is open to Mr X to contact the Courts and Tribunals Service Centre for information about his case, including whether any results have been recorded. As it is the court, and not the Council, that would have been responsible for advising Mr X about the progress of his case, there is not a good reason for us to investigate this complaint and Mr X should instead direct his concerns to the Courts and Tribunals Service.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot consider complaints about court proceedings, and Mr X's concerns about the unclear status of his case are best directed to the Courts and Tribunals Service Centre.

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Investigator's decision on behalf of the Ombudsman