Summary: We will not investigate this complaint about the Council issuing Mr X with a fixed penalty notice for littering, or how it considered his representations about it. There is not enough evidence of fault by the Council to warrant our involvement and in any case, Mr X can raise a defence against the issuing of the notice in court.

The complaint

1. Mr X complained the Council wrongly issued him with a fixed penalty notice (FPN) for littering. Mr X also complained the Council did not properly consider his representations against the FPN, including information about his disability.
2. Mr X said the matter caused distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council issued Mr X with a FPN for a littering offence.
8. Mr X complains the Council should not have issued the FPN because he disposed of the waste correctly. Mr X also complained the Council did not properly consider his representations about his disability.
9. The available evidence suggests we would not find fault in how the Council issued the FPN, or how it considered Mr X’s representations.
10. The Council responded to Mr X, explaining why it issued the FPN and why it declined his representations. These explanations appear appropriate.
11. In any case, a person who receives a FPN for an alleged littering offence may either pay the FPN or wait for the Council to pursue the matter in court. If the Council starts court action, the person can challenge the FPN in court. Therefore, Mr X can raise a defence in court against the issuing of an FPN if he believes the Council issued it incorrectly.
12. We are not an appeal body. We cannot decide whether the alleged offence was committed or whether Mr X is liable to pay the penalty charge. These are matters the court can consider and decide on. Also, we cannot tell the Council to cancel a FPN, which is part of the outcome Mr X seeks.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement and he can raise a defence about the issuing of the fixed penalty notice in court.

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Investigator's decision on behalf of the Ombudsman