Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice for alleged littering. This is because the route to challenge the issuing of the notice was to raise a defence against its issue in the magistrates court.

The complaint

1. Mr X complains the Council issued him a Fixed Penalty Notice (FPN) for an alleged littering offence based solely on an envelope containing his name and address. He says no further evidence was provided and he was not witnessed depositing the item. Mr X says the £1k penalty is grossly disproportionate for the alleged offence.

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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. Mr X says the Council wrongly issued him a FPN for an alleged littering offence. He paid the FPN, discharging his liability to prosecution, rather than allowing the matter to progress to the magistrates court where he could defend the matter.
7. We will not investigate Mr X’s complaint. This is because Mr X could have used his right to raise a defence against the issuing of the FPN in the magistrates court if he believes it was wrongly issued. That is the route via which to challenge the FPN rather than by making a complaint to this office, having already paid the FPN. We are not an appeal body. We cannot decide whether Mr X committed the alleged offence nor whether he was liable to pay the FPN. We also cannot cancel a FPN. These are matters the magistrates court would have considered, decided and ruled on had Mr X used his right to defend the matter in court.

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Final decision

8. We will not investigate Mr X’s complaint because he could have used his right to defend the issuing of the FPN in court instead of paying it. The court would then have ruled on the issues raised in his complaint.

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Investigator's decision on behalf of the Ombudsman