Summary: We will not investigate Miss X’s complaint. This is because the Council has already offered Miss X a suitable remedy via its own investigation and there is nothing further we would add or recommend.

The complaint

1. The complainant, Miss X, complains the Council has not offered a suitable remedy in response to her complaint that it incorrectly issued her a Fixed Penalty Notice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. 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)

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council that it incorrectly issued her with a Fixed Penalty Notice (FPN) for placing household waste outside allocated times.
7. The Council initially upheld its decision to issue the FPN, but upheld Miss X’s complaint at stage 2. It explained that Miss X had been given incorrect information about where to present her waste and this led to the FPN being issued.
8. The Council has cancelled the FPN; apologised to Miss X for the distress the matter caused and has offered her £150 for her time and trouble and a further £150 for distress.
9. Miss X seeks a £2500 payment for distress equal to the maximum penalty if she had been convicted of the offence.
10. We will not investigate Miss X’s complaint. This is because the Council has already offered a suitable remedy via its own investigation of the matter. The Council’s remedy is in line with our guidance on remedies and there is nothing further we would add or recommend were we to investigate. Our remedies are not intended to be punitive and we cannot award compensation in the way a court might. We may recommend a symbolic payment to acknowledge distress caused by fault. This has already been offered by the Council.

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Final decision

11. We will not investigate Miss X’s complaint because the Council has already offered an appropriate remedy and further investigation by this office would achieve nothing more.

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Investigator's decision on behalf of the Ombudsman