Summary: We will not investigate Miss X’s complaint about the Council issuing her a Fixed Penalty Notice for littering. The Council has already cancelled the notice and so there is no worthwhile outcome to be achieved in us investigating the matter now.

The complaint

1. Miss X complains the Council was at fault when it issued her a Fixed Penalty Notice (FPN) for littering when she dropped a cigarette.

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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:
• there is no worthwhile outcome achievable by our investigation, or

• any injustice is not significant enough to justify our involvement.

(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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My assessment

5. Miss X complained about the Council issuing her a FPN for littering.
6. We will not investigate Miss X’s complaint. This is because the Council has confirmed the FPN has been withdrawn and the case is closed. There is no worthwhile outcome achievable in us further investigating the matter now.

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Final decision

7. We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable in us investigating the matter. The FPN has been withdrawn and any remaining injustice is not significant enough to warrant an investigation by this office.

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Investigator's decision on behalf of the Ombudsman