Summary: We will not investigate this complaint about Mr X receiving a fixed penalty notice for alleged fly tipping. This is because the Council has cancelled the fixed penalty notice. Any injustice is not significant enough to justify our involvement.

The complaint

1. Mr X complains about being issued with a FPN (fixed penalty notice) for alleged fly tipping and his appeal evidence not being considered properly.
2. Mr X has concerns about the way the Council’s contractor handles FPN enforcement.
3. Mr X also complaint about his request for information made under the Freedom of Information Act. He says a response from the Council is overdue.

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The Ombudsman’s role and powers

• any injustice is not significant enough to justify our involvement.
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We will not investigate. This is because the Council cancelled Mr X’s FPN following his appeal to it. Mr X is also concerned about the whole enforcement process generally, but we will not investigate as I do not see evidence of a significant injustice to warrant an investigation.

7. With respect to Mr X’s complaint about his request for information being overdue, this is better addressed by the Information Commissioner’s (ICO) office. The ICO is the regulator for information rights issues. It is better placed to consider this aspect of Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because any injustice is not significant enough to justify our involvement.

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Investigator's decision on behalf of the Ombudsman