London Borough of Ealing (24 013 554)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 02 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about being issued a Fixed Penalty Notice for flytipping. This is because Mrs X can raise a defence against the issuing of the notice in court.
The complaint
- The complainant, Mrs X, complains she has been incorrectly issued a Fixed Penalty Notice for flytipping. Mrs X says the alleged offence was not committed and she was not in the country at the time.
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.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X has been issued a Fixed Penalty Notice (FPN) for flytipping. Mrs X says it was issued in error and the alleged offence was not committed. The Council has provided Mrs X with details of the process should she wish to dispute the FPN.
- We will not investigate Mrs X’s complaint, This is because Mrs X has the right to raise a defence against the issue of the FPN in court if she believes it was incorrectly issued. We are not an appeal body and we cannot decide whether or not the alleged offence was committed nor whether Mrs X is liable. These are matters for the courts to decide should Mrs X wish to challenge the FPN.
Final decision
- We will not investigate Mrs X’s complaint because she can defend the matter in court.
Investigator's decision on behalf of the Ombudsman