Summary: We will not investigate Mrs X’s complaint about the Council issuing her a Fixed Penalty Notice for fly tipping. This is because Mrs X can raise a defence against the issuing of the notice in court if she considers it was wrongly issued.

The complaint

1. Mrs X complains the Council wrongly issued her a Fixed Penalty Notice (FPN) for fly tipping white goods.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X complained to the Council after it issued her a FPN for fly tipping white goods. Mrs X said the items were only left there for a day by her builder and were not fly tipped. The items were removed the day after the FPN was issued.
7. The Council said the FPN had been correctly issued. It explained that if the penalty remained unpaid then the matter would be referred to its legal team for prosecution.
8. We will not investigate this complaint. This is because Mrs X can raise a defence against the issuing of the FPN in the magistrates court if she believes it was wrongly issued. We are not an appeal body. We cannot decide whether or not Mrs X committed the alleged offence nor whether she is liable to pay the penalty, nor can we cancel the FPN. These are matters the court will consider and decide should Mrs X use her right to raise a defence against the matter in court. This is the suitable route to use to challenge the matter.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because it is reasonable to expect her to use her right to raise a defence against the issuing of the FPN in court.

Back to top

Investigator's decision on behalf of the Ombudsman