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 find fault.

The complaint

1. In short, Miss X complains about the Council’s decision to issue her with a Fixed Penalty Notice (FPN) of £400 for flytipping when she left a bin bag of rubbish next to a Council bin.
2. Miss X says the Council bin had been ‘padlocked’ shut and she had no option except to leave her securely tied bin bag next to the Council bin.
3. Miss X says she feels she was bullied in to paying the fine and has been left with ‘out of pocket’ expenses. She would like a refund plus an apology.

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The Ombudsman’s role and powers

4. 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)
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 we are unlikely to find fault. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant which includes the Council’s responses.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. 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.
9. 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.
10. Government guidance recommends councils have an internal review process prior to prosecution. The Ombudsman can consider this aspect of the Council’s actions.
11. Miss X appealed to the Council about being issued with a FPN and it advised her about the magistrate’s process and our role.
12. Under the FPN process, Miss X had the right to defend her case in court. She chose to pay the FPN instead. Usually if the FPN is paid, the Council closes the case and liability for the offence is discharged.
13. Miss X says it is unfair the Council expects her to walk with a heavy bin bag to look for a different bin. She says she suffers will a illness and has been in and out of hospital recently.
14. However, we cannot consider the matter of the offence given payment of the PCN has effectively ended the process.
15. We do not act as an alternative to the courts. It was reasonable to expect Miss X to have defended his case at court because that is the procedure to defend a prosecution for an unpaid FPN. Instead, she chose to pay the FPN.

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Final decision

16. I will not investigate because we are unlikely to find fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman