Summary: We will not investigate Miss X’s complaint about the Council’s actions in relation to issuing her a Fixed Penalty Notice for littering. This is because Miss X can raise a defence against the issuing of the notice in court if she believes it was incorrectly issued.

The complaint

1. Miss X complains the Council failed to handle the issuing of a Fixed Penalty Notice for an alleged littering offence fairly and lawfully. She says the Council has not provided proof of the alleged offence, the process of issuing the fine was rushed and the officers used intimidation tactics.

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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)

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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. Miss X complained to the Council about matters relating to it issuing her a Fixed Penalty Notice (FPN) for alleged littering.
7. The Council said it was satisfied the FPN was correctly issued. It explained the complaints process cannot be used to challenge the FPN. It provided Miss X with information about the process should she decide not to pay the FPN and the matter proceeds to court. It also confirmed that should the matter go to court the Council would provide the evidence relied upon.
8. We will not investigate Miss X’s complaint. This is because she has the right to raise a defence against the issuing of the FPN in court if she believes there was fault in its issue and wants to challenge it. We are not an appeal body. We cannot decide whether or not the alleged offence was committed, whether the FPN was issued without fault nor whether Miss X is liable. Nor can we cancel the FPN. These are matters the court can decide and this is the suitable route for Miss X to use should she wish to challenge the FPN rather than pay it.

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Final decision

9. We will not investigate Miss X’s complaint because she can defend the matter in court if she considers the FPN was incorrectly issued.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman