Summary: We will not investigate this complaint about the Council issuing Mr X a fixed penalty notice because further investigation would not achieve any worthwhile outcome.

The complaint

1. Mr X raises various concerns related to being issued with a fixed penalty notice (FPN) for stamping out a cigarette butt when exiting a tube station. Mr X paid the fine but wants an investigation.

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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)

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How I considered this complaint

3. I considered information provided by Mr X and the Council. I considered the Ombudsman’s Assessment Code.

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My assessment

4. Mr X says the officer who issued the fine acted unfairly towards him. HHHe raises other general issues such as the lack of bins and so on.
5. I will not investigate this complaint. Mr X has accepted liability and paid the FPN issued to him. If Mr X wished to challenge the notice, he could have withheld payment and presented his arguments in his defence in court. The Ombudsman is not an alternative to the court process.

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Final decision

6. We will not investigate Mr X’s complaint because it is unlikely further investigation would achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman