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

The complaint

1. Miss X complains the Council issued her a fixed penalty for littering despite a lack of bins or signs warning her not to litter. She also complains the notice was poorly written.

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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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered the 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 was issued a fixed penalty notice (FPN) by a contractor working on behalf of the Council for littering.
7. Miss X complains the FPN was unfair because there were not enough suitably placed bins or any signs advising how cigarette buts should be disposed of. She also complains the FPN was poorly written which made her doubt its validity.
8. I have looked at the FPN and am satisfied there are no significant errors. If Miss X wanted to verify the validity of the notice with the Council, she could have done so sooner if she intended to pay the FPN at the lower rate.
9. A person who receives a FPN for an alleged littering offence may either pay the FPN to cancel it or wait for the local authority to pursue the matter at court. If the local authority starts court action, the person will have the opportunity to challenge the FPN at court.
10. We are not an appeal body and only the courts can decide if a person has committed an offence. Miss X may either pay this FPN or wait for the Council to start court proceedings and challenge the FPN in court. We will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman