Summary: We will not investigate Miss X’s complaint about the Council issuing her a Fixed Penalty Notice for fly-tipping. This is because Miss X has the right to raise a defence against the issuing of the notice in the magistrates court if she considers it was incorrectly issued and wishes to challenge it.

The complaint

1. Miss X complains the Council issued her a Fixed Penalty Notice (FPN) for fly-tipping. Miss X says she was not in the area at the time of the alleged offence and did not leave the items there. Miss X moved area earlier this year and paid someone to dispose of her waste. She does not know who left the items there.

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

Back to top

My assessment

6. The Council issued Miss X a FPN for alleged fly-tipping. Miss X said she did not commit the offence and made representations to the Council on this.
7. The Council explained Miss X could either pay the FPN or, should she wish to challenge it, allow the matter to proceed to the magistrates court.
8. We will not investigate Miss X’s complaint. This is because the route to challenge the issuing of the FPN is to not pay the FPN and then raise a defence against its issue in the magistrates court. We are not an appeal body. We cannot decide whether the alleged offence was committed nor whether Miss X is liable to pay the penalty. We also cannot cancel the FPN which is the outcome Miss X seeks in complaining to this office. These are matters the court would consider and decide should Miss X decide to defend the matter in court rather than pay the FPN. That is the suitable route for Miss X use to challenge the issuing of the FPN if she believes it was incorrectly issued.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because the route to challenge the issuing of the FPN is to defend the matter in the magistrates court. It would consider and decide the issues raised by Miss X here and decide liability in relation to the alleged offence.

Back to top

Investigator's decision on behalf of the Ombudsman