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

1. X complains about a Fixed Penalty Notice (FPN) issued to them for dropping a cigarette butt. X also complains that the Council delayed responding when they challenged the decision.

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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:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate this complaint. This is because only the courts can say whether X has or has not committed this offence or whether they are liable for the fine imposed. X has or had the right to raise a defence against the issuing of the FPN in the Magistrates’ Court if they consider it was incorrectly issued and wanted to challenge it rather than pay the FPN. That is the appropriate route via which to challenge an FPN.
6. I will not investigate X’s complaint about the Council’s delays in responding to their communications about these matters. This is because this alone has not caused X a significant enough injustice.

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Final decision

7. We will not investigate X’s complaint because we cannot achieve the outcome X seeks.

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Investigator's decision on behalf of the Ombudsman