Summary: We will not investigate this complaint the Council wrongly issued a fixed penalty notice for littering. The Council has cancelled the Notice. Further investigation by the Ombudsman will not lead to a different outcome.

The complaint

1. Miss X complained the Council wrongly issued a Fixed Penalty Notice (FPN) for littering. She said it failed to consider her explanation and supporting photographs. She said that caused her distress. She wants the Council to cancel the FPN and apologise.

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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 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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Miss X’s complaint the Council wrongly issued an FPN. Since complaining to the Ombudsman, the Council has cancelled the FPN. It would not be proportionate for us to consider this matter, as further investigation would not lead to a different outcome.

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Final decision

6. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman