Summary: We will not investigate this complaint about the Council’s decision to issue a Fixed Penalty Notice and its handling of Ms X’s representations about it. There is no worthwhile outcome achievable by our investigation, and we could not add to the investigation the Council has already carried out.

The complaint

1. Ms X complained the Council did not properly consider her representations about its decision to impose a Fixed Penalty Notice (FPN) against her.
2. Ms X said this caused distress.
3. Ms X wants the Council to improve its communication and review its processes.

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The Ombudsman’s role and powers

4. 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
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X was issued with a FPN about a littering offence. Ms X said she felt pressurised but paid the FPN.
8. If a council thinks a person has committed an offence, it can issue the person with an FPN. If a person pays the fine, they accept liability for the offence and the matter is closed.
9. If the person does not pay the fine, a council can take the person to court. The person can then raise a defence in court, and the court will then decide if the person has committed the offence.
10. We will not investigate this part of Ms X’s complaint. By paying the FPN Ms X has accepted liability. If Ms X wished to challenge the FPN, she could have withheld payment and presented a defence in court. The Ombudsman is not an alternative to the court process.
11. When responding to Ms X’s complaint, the Council accepted its communication had fallen below the standard it expected during the absence of the allocated officer dealing with the FPN. It also took learning and changed its process for communicating during long-term work absences.
12. We will not investigate this part of Ms X’s complaint. Given the findings the Council has already made, we could not add to the investigation it has already carried out.

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Final decision

13. We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable by our investigation, and we could not add to the investigation the Council has already carried out.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman