Brighton & Hove City Council (24 012 008)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 26 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about being issued a Fixed Penalty Notice for flytipping. This is because Mr X could have raised a defence against the issuing of the notice in court.
The complaint
- The complainant, Mr X, complains the Council incorrectly issued him with a Fixed Penalty Notice (FPN) for flytipping, when no offence was committed.
The Ombudsman’s role and powers
- 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)
- We have the power to start or discontinue 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)
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 was issued a Fixed Penalty Notice (FPN) for flytipping. Mr X said this was incorrectly issued. He submitted a challenge to the Council.
- The Council considered Mr X’s challenge and upheld the FPN. It told Mr X he had 28 days to pay the FPN or that the matter would proceed to court.
- We will not investigate Mr X’s complaint. This is because Mr X could have raised a defence against the matter in court if he considers the FPN was incorrectly issued. We are not an appeal body and we cannot decide whether the alleged offence was committed or whether the FPN was incorrectly issued as Mr X states. It is for the courts to decide and Mr X had the opportunity to challenge its issue in court.
Final decision
- We will not investigate Mr X’s complaint because it was reasonable to expect Mr X to use his right to defend the matter in court.
Investigator's decision on behalf of the Ombudsman