Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice for an alleged littering offence. This is because Mr X has the right to raise a defence against the issuing of the notice in court if he considers it was incorrectly issued and wishes to challenge it.

The complaint

1. Mr X complains the Council issued him a Fixed Penalty Notice (FPN) for an alleged littering offence without providing time-stamped evidence of the alleged offence and about its escalation of the matter. He would like the Council to withdraw the FPN on the basis of procedural failure.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued Mr X a FPN for an alleged littering offence.
7. Mr X told the Council he had evidence to show he was not personally responsible for the alleged offence. He asked the Council to withdraw the FPN.
8. The Council told Mr X it was satisfied the FPN was correctly issued and that it would invite him to an interview on the matter under Police and Criminal Evidence conditions.
9. We will not investigate Mr X’s complaint. This is because the route to challenge the issuing of the FPN should Mr X not pay it is to raise a defence against its issue in the magistrates court. We are not an appeal body and we cannot decide whether the alleged offence was committed nor whether Mr X is liable. These are matters the court would consider and decide and this is the appropriate route to challenge the FPN. We also cannot cancel an FPN, which is the outcome Mr X seeks.

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Final decision

10. We will not investigate Mr X’s complaint. This is because Mr X can, or could have, raised a defence against the issuing of the FPN in court if he considers it was incorrectly issued.

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Investigator's decision on behalf of the Ombudsman