London Borough of Enfield (25 019 185)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Miss X being issued with a fixed penalty notice for allegedly not disposing of waste properly. This is because the Council has already provided a remedy by cancelling the fixed penalty notice.
The complaint
- Miss X complained about the circumstances leading to her being issued with a fixed penalty notice for allegedly not disposing of her waste properly. Miss X says the Council failed to consider that her goods were stolen from the pavement as she was moving into her new home.
The Ombudsman’s role and powers
- 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 an investigation if we decide:
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- After Miss X complained to us, the Council cancelled the fixed penalty notice. In these circumstances, as Miss X has achieved the outcome requested, there is no worthwhile outcome by us investigating.
Final decision
- We will not investigate Miss X’s complaint because the Council has already provided a remedy by cancelling the fixed penalty notice.
Investigator's decision on behalf of the Ombudsman