Summary: We will not investigate Mrs X’s complaint about the Council issuing her a Fixed Penalty Notice for alleged littering. This is because Mrs X has or had the right to raise a defence against the issuing of the notice in court if she considered it was incorrectly issued and wanted to challenge it.

The complaint

1. Mrs X complains the Council incorrectly issued her a Fixed Penalty Notice (FPN) for littering in dropping a cigarette butt. Mrs X says the alleged offence was not committed and the Council relied solely on the enforcement officer’s account.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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My assessment

6. Mrs X submitted an initial challenge to the Council about the issuing of the FPN.
7. The Council explained there were no formal grounds of appeal against a FPN and that it was satisfied the FPN was issued correctly. It said the FPN remained in place and that Mrs X could either pay the FPN or if she wished to challenge it she could raise a defence against the issuing of the FPN in the magistrates court.
8. We will not investigate this complaint. This is because Mrs X has or had the right to raise a defence against the issuing of the FPN in the magistrates court if she considers it was incorrectly issued and wanted to challenge it rather than pay the FPN. That is the appropriate route via which to challenge a FPN.
9. We are not an appeal body. We cannot decide whether or not the alleged offence was committed nor whether Mrs X is liable to pay the penalty charge. We also cannot cancel a FPN. These are matters the court would consider and decide and this is the suitable route for Mrs X to use or have used if she wished to challenge the FPN rather than pay it.

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Final decision

10. We will not investigate Mrs X’s complaint because she could defend the matter in court if she believed the FPN was wrongly issued and wanted to challenge it.

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Investigator's decision on behalf of the Ombudsman