London Borough of Bexley (24 017 511)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 06 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about a Fixed Penalty Notice the Council issued him in 2021 for littering. This is because the complaint is late.
The complaint
- Mr X complained the Council unlawfully issued him with a Fixed Penalty Notice (FPN) under the Environmental Protection Act 1990 in 2021.
- Mr X said the matter caused him distress.
- Mr X wants the Council to pay him £25,000 in damages.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mr X’s complaint. This is because the complaint is about a Fixed Penalty Notice the Council issued in December 2021. Mr X brought his complaint to the Ombudsman in January 2025. The complaint is therefore late.
- The law says we cannot investigate complaints that are more than 12 months old unless we decide there are good reasons. I have seen no good reason Mr X could not have brought his complaint sooner. Therefore, we will not investigate this complaint.
- In any case, even if the complaint was not late, we would not investigate. This is because Mr X is seeking £25,000 in damages. The Ombudsman has no remit to award compensation for damages. Only a court can do this. Therefore, we will not investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because the complaint is late.
Investigator's decision on behalf of the Ombudsman