London Borough of Wandsworth (25 030 123)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 22 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council issuing Mr X with a Fixed Penalty Notice. There is no worthwhile outcome achievable from our investigation. Additionally, Mr X can raise a defence against the issuing of the notice in court.
The complaint
- Mr X complained about the Council’s decision to issue him with a Fixed Penalty Notice (FPN). Mr X also said the Council’s policy for issuing FPNs was flawed, and the Council’s enforcement agents committed procedural misconduct.
- Mr X said this caused distress and financial hardship.
- Mr X wants the Council to review its processes, apologise and cancel the FPN.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot tell the Council it should cancel an FPN. There is therefore no worthwhile outcome achievable by our investigation.
- A person who receives a FPN may either pay the FPN or wait for the Council to pursue the matter in court. If the Council starts court action, the person can challenge the FPN in court. Therefore, Mr X can raise a defence in court against the issuing of the FPN.
Final decision
- We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation. Additionally, Mr X can raise a defence against the issuing of the notice in court.
Investigator's decision on behalf of the Ombudsman