Summary: We will not investigate Mrs X’s complaint about the Council issuing her business a second Fixed Penalty Notice. This is because Mrs X can use her right to raise a defence against the issuing of the Notice in the magistrates court if she believes it was wrongly issued.

The complaint

1. Mrs X complains the Council has wrongly issued her business a second Fixed Penalty Notice (FPN) in relation to its waste disposal arrangements.

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 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council issued Mrs X’s business a FPN in May 2025, which she paid. In February 2026, the Council visited her business again and issued a further FPN. Mrs X says this FPN was wrongly issued and should be cancelled. The Council advised Mrs X that the route via which to further challenge the issuing of the FPN was via the courts.
7. We will not investigate Mrs X’s complaint. This is because she can use her right to raise a defence against the issuing of the FPN in court if she believes it was wrongly issued. That is the relevant route via which to challenge the matter.
8. We are not an appeal body. We cannot decide whether there was fault in the issuing of the FPN; whether any alleged offence was committed nor whether Mrs X is liable to pay the penalty. We also cannot cancel the FPN. These issues would be considered and decided by the court and this is the suitable route to use in order to challenge the matter further.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because it is reasonable to expect her to use her right to defend the matter in the magistrates court if she considers there is fault in the issuing of the second FPN.

Back to top

Investigator's decision on behalf of the Ombudsman