Summary: We cannot investigate Miss X’s complaint about a Fixed Penalty Notice issued to her for littering. This is because the Council has commenced court proceedings about the matter.

The complaint

1. Miss X complains about a Fixed Penalty Notice (FPN) she received for littering.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

6. The Council issued Miss X with a FPN for littering. Miss X did not pay the fine, so the Council commenced court proceedings. I cannot investigate Miss X’s complaint because the law prevents us from investigating matters that are subject to court proceedings.

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Final decision

7. We cannot investigate Miss X’s complaint because the Council has commenced court proceedings about the matter.

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Investigator's decision on behalf of the Ombudsman