Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice for alleged fly tipping. This is because the Council has already cancelled the Notice in response to his appeal.

The complaint

1. Mr X complains the Council issued him a Fixed Penalty Notice (FPN) for alleged fly tipping. He says he did not commit the offence and he wanted the Council to cancel the FPN.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to our initial contact with the Council it told us it had already cancelled Mr X’s FPN in response to his appeal.
6. We will not investigate Mr X’s complaint. This is because the FPN has already been cancelled prior to our involvement. It does not now warrant a further investigation by this office. The outcome Mr X sought in making his complaint to this office has already been achieved via the Council’s consideration of the matter.

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Final decision

7. We will not investigate Mr X’s complaint because the FPN has already been cancelled.

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Investigator's decision on behalf of the Ombudsman