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

The complaint

1. X said they were unhappy with the actions of a civil enforcement officer, who issued them with a fixed penalty notice, with a monetary fine, for a littering offence. X said they did not commit the offence.
2. X was also unhappy with how the Council communicated about this matter.

Back to top

The Ombudsman’s role and powers

3. 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))

Back to top

How I considered this complaint

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

Back to top

Final decision

6. We will not investigate this complaint. This because we cannot decide whether X has or has not committed this offence and nor can we decide they are not liable for the fine imposed. Only the courts can do this, and so X could wait to be summonsed to court, and it can consider the evidence and decide the outcome.

Back to top

Investigator's decision on behalf of the Ombudsman