Summary: We will not investigate Miss X’s complaint about the Council issuing her a Fixed Penalty Notice. This is because Miss X has, or had, the right to raise a defence against the issuing of the notice in the magistrates court.

The complaint

1. Miss X complains she was issued a £75 Fixed Penalty Notice (FPN) for walking her dog in an area where dogs must be on leads. Miss X says the signs were small, hidden in bushes and not on the main path and so she was not aware of it until the FPN was issued. Miss X says she felt intimidated when issued the FPN.

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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. Miss X appealed the FPN on the basis the signs were not clear or sufficient. The Council did not uphold the appeal. It said the signage is adequate.
7. We will not investigate Miss X’s complaint. This is because Miss X has, or had, the right to raise a defence against the issuing of the FPN in the magistrates court if she considers it was wrongly issued. This is the appropriate route via which to challenge the FPN. We are not an appeal body. We cannot cancel the FPN, nor can we decide whether or not the alleged offence was committed nor whether Miss X is liable to pay the FPN. These are matters the court would consider, decide and rule on should Miss X use her right to defend the matter in court. It is reasonable to expect Miss X to use, or have used her right to defend the matter in court.

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Final decision

8. We will not investigate Miss X’s complaint because she can, or could have, used her right to raise a defence against the issuing of the FPN in the magistrates court if she considers there to be fault in its issue.

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Investigator's decision on behalf of the Ombudsman