London Borough of Harrow (24 002 708)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Fixed Penalty Notice for fly-tipping. This is because the Council has decided to issue a refund.
The complaint
- The complainant, Mr X, complains about a Fixed Penalty Notice (FPN) he received for alleged fly-tipping. He says two parcels were stolen from him and he believes the person responsible threw away the packaging. Mr X wants the Council to cancel the FPN.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council. This includes email correspondence about the FPN and an update from the Council. I also considered our Assessment Code.
My assessment
- The Council found an envelope amongst dumped rubbish with Mr X’s name and address on it. The Council issued Mr X with a FPN.
- Mr X challenged the FPN. He said he had reported to the police that two parcels had been stolen, and he thought the perpetrator had thrown away the packaging showing his details. Mr X sent an acknowledgment from the police showing he had reported a crime.
- The Council considered Mr X’s challenge but did not cancel the FPN. Mr X paid the fine.
- In response to my enquiries the Council said the information Mr X provided from the police was not specific to show the crime report related to the stolen parcels. But, the Council also told me it should have asked Mr X for more evidence. The Council has decided to issue Mr X with a refund.
- The Council should have asked Mr X for more information about the crime report. However, I will not start an investigation because the Council has cancelled the FPN and will issue a refund to Mr X. This is a satisfactory outcome to the complaint.
Final decision
- We will not investigate this complaint because the Council has provided a satisfactory remedy.
Investigator's decision on behalf of the Ombudsman