London Borough of Sutton (24 014 528)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 10 Dec 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about being issued a fixed penalty notice for fly-tipping. This is because Mr X can raise a defence against the issuing of the notice in court.
The complaint
- The complainant, Mr X, complains he has been incorrectly issued a fixed penalty notice for fly-tipping.
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 or continue with 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 complained to the Council about it issuing him with a fixed penalty notice (FPN) for fly-tipping a cardboard box containing pieces of timber and litter. Mr X said the offence was not committed and the items were donated to homeless people rather than fly-tipped.
- The Council says the fixed penalty notice was correctly issued. It provided Mr X with details of the process should he wish to defend the matter in court.
- We will not investigate Mr X’s complaint. This is because Mr X can raise a defence against the issuing of the FPN in court if he 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 Mr X is liable. These are matters for the courts to decide if Mr X wishes to challenge the FPN.
Final decision
- We will not investigate Mr X’s complaint because he can defend the matter in court
Investigator's decision on behalf of the Ombudsman