Summary: We will not investigate this complaint about the Council issuing Z with a Fixed Penalty Notice. There is no worthwhile outcome achievable from our investigation. Additionally, Z could have challenged the notice in court.

The complaint

1. X complains on behalf of Z that the Council issued Z with a Fixed Penalty Notice (FPN) for discarding a cigarette butt.

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The Ombudsman’s role and powers

2. 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))
3. 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))

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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. The Ombudsman cannot tell the Council it should cancel an FPN. There is therefore no worthwhile outcome achievable by us investigating.
7. 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, Z could have raised a defence in court against the issuing of an FPN.

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Final decision

8. We will not investigate X’s complaint because there is no worthwhile outcome achievable by our investigation. Additionally, Z could have raised a defence against the issuing of the notice in court.  

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Investigator's decision on behalf of the Ombudsman