Derby City Council (24 016 757)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 22 Jan 2025
The Ombudsman's final decision:
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
- The complainant, Mr X, complains he has been wrongly issued a Fixed Penalty Notice (FPN) for littering.
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 FPN for littering after waste linked to his address was found on his street. Mr X says the FPN was wrongly issued as he did not commit the offence. He provided the Council with evidence in support of his view for it to consider.
- The Council said it was satisfied the FPN had been correctly issued. It explained to Mr X that there are no formal grounds of appeal against a FPN but that he can defend the matter in the magistrates court.
- 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 if he believes it was wrongly issued and decides not to pay it. 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 court to consider and decide.
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