Summary: We will not investigate this complaint about the Council issuing the complainant with a Fixed Penalty Notice. This is because we are unlikely to achieve anything as the complainant has paid the fine.

The complaint

1. In short, Miss X complains about the Council’s decision to issue her with a Fixed Penalty Notice (FPN) for smoking.
2. Miss X says the Council had no right to issue her with the FPN as she was not on Council land when she was smoking. She would like her payment of the fine refunded to her.

Back to top

The Ombudsman’s role and powers

3. We have the power to start an investigation into a complaint within our jurisdiction. We may decide not to start 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Our role is to look at the way councils reach their decisions. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it.
7. A FPN gives someone the chance to pay a fine and avoid prosecution. If the person does not pay the Council may start legal action. The magistrates court then decides if the person committed an offence.
8. Government guidance recommends councils have an internal review process prior to prosecution. The Ombudsman can consider this aspect of the Council’s actions.
9. However, if the FPN is paid, the Council closes the case and liability for the offence is discharged.
10. Miss X chose to pay the FPN.
11. Miss X continues to dispute the fine and the legality of the Council’s decision and wants her fine refunded. But Miss X had the right to defend her case in court and raise her concerns there. There is no provision under the FPN process to pay the fine and appeal to the Ombudsman.
12. We do not act as an alternative to the courts and cannot decide if someone committed an offence. It was not unreasonable to expect Miss X to have defended her case at court because that is the procedure to defend a prosecution for an unpaid FPN. Instead, she chose to pay the FPN.

Back to top

Final decision

13. I will not investigate because we are unlikely to achieve anything more by investigating.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman