Summary: We will not investigate this complaint about a fixed penalty notice the Council issued to Miss X. There is no worthwhile outcome achievable, and we cannot achieve what Miss X is looking for.

The complaint

1. Miss X said she was unhappy with the actions of a civil enforcement officer, who issued her with a fixed penalty notice to fine her for littering. Miss X said she was tricked into providing her information and she denied committing the offence.

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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 we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Miss X’s complaint. This because we cannot decide whether Miss X has committed this offence or decide she is not liable for the fine imposed. Only the courts can do this, and so Miss X could wait to be summonsed to court and it can decide.

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Investigator's decision on behalf of the Ombudsman