Summary: We will not investigate this complaint about a Fixed Penalty Notice issued for littering. This is because doing so would not lead to a different outcome.

The complaint

1. Mr X complains about the Council’s actions regarding a Fixed Penalty Notice (FPN) the Council issued for littering. Mr X says he wasn’t directly notified of the FPN and that all correspondence was between Mr X and his partner, in breach of GDPR.

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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 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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. A FPN was issued to Mr X by post. Mr X’s partner subsequently contacted the Council and a copy was sent to her by email.
7. I will not investigate Mr X’s complaint because doing so would not lead to a different outcome. Mr X’s partner made the decision to pay the fine and therefore no further action is being taken by the Council. The Council has accepted that it shouldn’t have sent the FPN by email to Mr X’s partner and raised this with the officer who sent it.
8. If Mr X believes that by communication with his partner the Council has committed a breach of GDPR it is reasonable for him to raise this with the Information Commissioner’s Office (ICO) who are better placed to consider complaints about data protection matters.

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Final decision

9. We will not investigate Mr X’s complaint because doing so would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman