Summary: We will not investigate this complaint about the Council issuing a fixed penalty notice to Ms X. This is because the Council has provided a suitable remedy to recognise the injustice caused by the delays.

The complaint

1. Ms X complains about a fixed penalty notice (FPN) she received for litter. She said she did not receive the initial letter about this and denies being responsible. Ms X said this has caused her significant distress. She wants the Council to return the money she paid for the fine, provide compensation and wants the Council to reform its system.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. The Council issued Ms X a £300 FPN for leaving out a cardboard box. It sent two reminders and said it would seek a court summons if she did not pay. Ms X complained she had not received the Council’s letters. She said the communal bins were often overflowing, which may explain how rubbish fell out.
6. In its final response, the Council said it had declined Ms X’s representations. It told her she could challenge the FPN in the magistrates’ court.
7. If we investigate this complaint, it is likely we would find the Council at fault as it cannot provide any evidence to support how it properly considered the appropriate guidance before making the decision to issue the notice.
8. We asked the Council to apologise to Ms X, reconsider its decision in line with relevant Department for Environment, Food and Rural Affairs and Ombudsman guidance, and write to Ms X with the outcome. If its decision changes, it should refund any money owed. We also asked it to remind relevant staff to consider the relevant guidance before issuing FPNs. The Council has agreed to do so within four weeks of the final decision.

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Final decision

9. We will not investigate Ms X’s complaint because the Council has provided a suitable remedy which is in line with the Ombudsman’s guidance.

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Investigator's decision on behalf of the Ombudsman