Summary: We will not investigate Mr X’s complaint about being issued a Fixed Penalty Notice for littering. This is because Mr X can raise a defence against the issuing of the notice in court.

The complaint

1. The complainant, Mr X, complains the Council wrongly issued him a Fixed Penalty Notice for littering and has not provided evidence of the alleged offence as requested.

Back to top

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 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complained to the Council about it issuing him a Fixed Penalty Notice (FPN) for littering. Mr X says the alleged offence was not committed and the Council has not provided evidence of the offence being committed. The Council told Mr X the FPN was correctly issued. It provided Mr X with details of the process should he decide not to pay the penalty and wish to defend the matter in court.
7. We will not investigate Mr X’s complaint, This is because Mr X has the right to raise a defence against the issuing of the FPN in court. We are not an appeal body and we cannot decide whether or not the alleged offence was committed nor whether Mr X is liable, and nor can we instruct the Council to quash the FPN as Mr X seeks. These are matters for the courts to decide should Mr X decide not to pay the penalty.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because he can defend the matter in court.

Back to top

Investigator's decision on behalf of the Ombudsman