London Borough of Croydon (26 008 695)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 05 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a fixed penalty notice the Council issued to X. There is no worthwhile outcome achievable, and we cannot achieve what X is looking for.
The complaint
- X complained the Council wrongly issued a fixed penalty notice (FPN) for a littering offence. X was unhappy the Council failed to provide adequate information about the offence when they asked it to and repeatedly failed to respond to requests about this matter. X said the lack of response and a threat of prosecution left them feeling anxious and they want an apology.
The Ombudsman’s role and powers
- We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My Assessment
- The Ombudsman cannot tell the Council it should cancel an FPN. 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, X can raise a defence in court against the issuing of an FPN.
- I understand X is unhappy the Council did not respond to their requests about this matter. However, because we could not decide whether X was liable for the fine imposed, which is the substantive matter, I will not investigate a complaint about poor communication related to that matter.
- This is because it is not a good use of public funds, to investigate ancillary matters connected to a substantive issue, where we decide not to investigate that substantive matter.
Final decision
- We will not investigate this complaint. This because only the courts can say whether X has or has not committed this offence or whether they are liable for the fine imposed.
Investigator's decision on behalf of the Ombudsman