Summary: We will not investigate this complaint about the Council’s handling of a fixed penalty notice. The Council has cancelled the notice. Further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mrs X complained the Council wrongly issued her with a fixed penalty notice (FPN) for littering. She said it failed to consider her explanation and the evidence when she challenged the FPN. She says this caused her distress and avoidable time and trouble.

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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 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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We will not investigate Mrs X’s complaint about the Council wrongly issuing a FPN. The Council has cancelled the FPN. It would not be proportionate for us to consider this matter, as further investigation would not lead to a different outcome.

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Final decision

6. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman