Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice and its decision not to consider his complaint about it via its complaints procedure. This is because the Council has already cancelled the Fixed Penalty Notice and any remaining injustice is not significant enough to warrant an investigation by this office.

The complaint

1. Mr X complains the Council issued him a Fixed Penalty Notice (FPN) for improper placement of his household waste and would not consider his complaint about it via its complaints procedure.

Back to top

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 do not start an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), 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 Mr X’s complaint. This is because the Council informed us, in response to our initial enquiries, that it had already cancelled Mr X’s FPN via its own consideration of the matter, following Mr X’s representations. Any remaining injustice is not so serious that it warrants a further investigation by this office.

Back to top

Investigator's decision on behalf of the Ombudsman