Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice for fly tipping. This is because Mr X can use his right to raise a defence against the issuing of the Notice in the magistrates court if he believes it was wrongly issued.

The complaint

1. Mr X complains the Council wrongly issued him a Fixed Penalty Notice (FPN) for alleged fly tipping. He says he did not commit the alleged offence and the Council has not provided definitive evidence.

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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. The Council issued Mr X a FPN for fly tipping. Mr X says he did not commit the alleged offence and the Council has not shown definitive evidence of the offence.
7. The Council said it was satisfied the FPN was issued correctly and explained the next steps, either to pay the FPN to discharge liability for the offence or allow the matter to progress to the magistrates court.
8. Mr X has not paid the FPN. The matter has not yet progressed to court.
9. We will not investigate Mr X’s complaint. This is because he can raise a defence against the issuing of the FPN in the magistrates court. This is the appropriate route via which to challenge the issuing of the FPN. We are not an appeal body. We cannot decide whether the alleged offence was committed nor whether Mr X is liable to pay the charge. We also cannot cancel the FPN. The issues raised by Mr X would be considered and decided by the court and this is the suitable route via which to challenge the FPN rather than via a complaint to this office.

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Final decision

10. We will not investigate Mr X’s complaint because he can defend the matter in the magistrates court if he considers there is fault in the issuing of the FPN and wants to challenge it.

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Investigator's decision on behalf of the Ombudsman