Summary: We will not investigate Mrs X’s complaint about the issuing of a Fixed Penalty Notice (FPN). She can defend the matter in court if she considers there is fault in the issuing of the FPN and wants to challenge it.

The complaint

1. Mrs X complains the Council issued a Fixed Penalty Notice (FPN) for dog fouling without providing her with any evidence.

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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. Mrs X was approached by an enforcement officer and issued a FPN for not picking up dog waste.
7. Mrs X complains she does not think she failed to pick up any dog waste, and the Council have refused to provide any evidence of the offence. She wants the Council to cancel the fine and issue an apology.
8. The Council reviewed and upheld its decision to issue the FPN. It considers it was correctly issued, and it explained its reasons to Mrs X. It explained the enforcement process would proceed if the FPN was not paid and Mrs X wishes to challenge it further. This will mean the case will proceed to court and Mrs X will have the right to present her case to the magistrates court.
9. We will not investigate Mrs X’s complaint. This is because she can raise a defence against the issuing of the FPN in the magistrates court if she believes it was incorrectly issued and decides not to pay it. That is the appropriate route to challenge it. We are not an appeal body. We cannot decide whether or not the alleged offence was committed nor whether Mrs X is liable to pay the penalty charge. We also cannot cancel an FPN. These are matters the court would consider and decide and this is the suitable route for Mrs X to use to challenge the issuing of the FPN.

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Final decision

10. We will not investigate Mrs X’s complaint. She can defend the matter in court if she considers there is fault in the issuing of the FPN and wants to challenge it.

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Investigator's decision on behalf of the Ombudsman