Summary: We will not investigate this complaint about the actions of an Environmental Enforcement Officer. This is because the Council has cancelled the Fixed Penalty Notice which was issued and any injustice is not significant enough to warrant investigation by the Ombudsman.

The complaint

1. Y complains about the issuing of a Fixed Penalty Notice (FPN). Y says the Environmental Enforcement Officer asked them for identification and gave a police stye caution to Y, which caused them distress.

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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. (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 Y’s complaint. The Council has cancelled the FPN and I do not consider that the actions of the officer issuing the FPN have caused a significant enough injustice to Y to warrant investigation.

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Final decision

6. We will not investigate Y’s complaint because there is not any outstanding significant injustice.

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Investigator's decision on behalf of the Ombudsman