Summary: We will not investigate Dr X’s complaint about the Council’s handling of a Fixed Penalty Notice for littering. This is because Dr X can raise a defence against the issuing of the FPN in court if he considered it was incorrectly issued. We will not investigate the Council’s refusal to provide camera footage. This is because it is a data matter best considered by the Information Commissioner’s Office.

The complaint

1. Mr X complains about the Council’s handling of a Fixed Penalty Notice (FPN) for littering. He says the Council changed the alleged offence after accepting an error in the notice and did not provide the camera footage he requested. He also says the Council continued enforcement action while considering his complaint. He wants the Council to cancel the FPN.

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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)
4. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Dr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Dr X received a FPN for littering in November 2025. He says the Council has changed the description of the alleged offence and refused him access to camera evidence. He also says the Enforcement Officer (EO) told him he would receive a warning, but the Council has a different version of events.
9. The Council responded to Dr X’s complaint and explained that although there was an administrative error in the description of the littering offence, it did not invalidate the notice. It also said it could not provide the camera footage as this would be disclosed as part of any court proceedings. It said the EO denied telling Dr X he would receive a warning. It explained that if Dr X wanted to dispute the FPN, he should not pay the fine and let the matter proceed to the magistrate’s court.
10. We will not investigate Dr X’s complaint. This is because Dr X can raise a defence against the matter in court if he considers the FPN was wrongly issued. We are not an appeal body, and cannot decide whether the offence was committed or whether Dr X is liable. These are matters for the court to consider and decide.
11. We also cannot achieve the outcome Dr X wants - to have the FPN cancelled.
12. Dr X’s complaint about the Council not providing the camera evidence he requested is a data matter which the Information Commissioner’s Office (ICO) is best placed to consider and decide. It is the body set up to consider complaints about data matters such as this.
13. Dr X is also unhappy with the Council’s complaint handling. If we are not investigating the subject matter in a complaint, we will not usually investigate separately the way an organisation handles complaints and correspondence about it. This is because it does not usually cause significant enough extra injustice than the underlying matter to warrant it. That is the case here.

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Final decision

14. We will not investigate Dr X’s complaint because he can raise a defence against the issuing of the FPN in court. That is the appropriate route to use to challenge a FPN. The court can consider the issues raised and any evidence. The data matter is best considered by the ICO rather than this office.

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Investigator's decision on behalf of the Ombudsman