Summary: We cannot investigate this complaint about a Fixed Penalty Notice issued for littering. This is because the Council commenced court proceedings.

The complaint

1. Mrs X complains about a Fixed Penalty Notice she received for littering.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We investigate 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 continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. We cannot investigate Mrs X’s complaint. This is because the Council sought a prosecution against Mrs X, for nonpayment of the FPN, through the magistrate courts. This places the matter outside of our jurisdiction.
8. Even if the Council hadn’t commenced court proceedings about this matter, we would not investigate Mrs X’s complaint. This is because the Council has recently cancelled the FPN and cancelled the court proceedings. Further investigation would therefore not lead to a different outcome.

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Final decision

9. We cannot investigate Mrs X’s complaint because the Council commenced court proceedings about the matter.

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Investigator's decision on behalf of the Ombudsman