Manchester City Council (23 005 268)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 01 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a fixed penalty notice issued to Mr X as the Council has provided the outcome he sought.
The complaint
- Mr X complains about how the Council dealt with him in relation to a fixed penalty notice it issued to him for a waste offence. Mr X wants to be able to pay the initial amount.
The Ombudsman’s role and powers
- We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We cannot investigate a complaint about the start of court action or about something considered in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained that the Council did not properly consider the case he made against the fixed penalty notice and asked him to make payment within a short time frame that was not viable for him, given his financial situation.
- Mr X’s desired outcome from his complaint was to be able to pay the original fixed penalty notice amount, rather than the increased amount that arose after the Council took the case to court. The Council reconsidered the case and agreed to allow Mr X to do this.
- As the Council has provided the outcome Mr X sought, we will not investigate how the Council dealt with him. We cannot investigate issues around the fixed penalty notice itself as this has been considered in court and is no longer within our legal remit.
Final decision
- We will not investigate Mr X’s complaint because the Council has provided the outcome that he sought.
Investigator's decision on behalf of the Ombudsman