Summary: We will not investigate this complaint about the Council issuing X with a Fixed Penalty Notice, or their interaction with a Council officer. There is no worthwhile outcome achievable. Additionally, X could challenge the notice in court.

The complaint

1. X complained about their interaction with an enforcement officer, resulting in them being issued with a Fixed Penalty Notice (FPN) for a littering offence. X was also unhappy with their interaction with the enforcement officer, saying they did not properly consider X’s hearing impairment and did not make reasonable adjustments.

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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 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 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 and I considered the Ombudsman’s Assessment Code.

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My assessment

5. X was issued with a FPN by an enforcement officer. The Ombudsman cannot tell the Council it should cancel an FPN. There is therefore no worthwhile outcome achievable by us investigating this aspect of their complaint. 
6. 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 if they believe there are procedural irregularities.
7. X complained to the Council about the conduct of the enforcement officer who issued them with an FPN. X said the officer did not make reasonable adjustments for their hearing impairment.  
8. The Council explained in reply to this, it had reviewed the enforcement officer’s body worn video of the interaction and checked at the officer’s enforcement activity and the demographic make- up of the local area. The Council said it found no evidence of discrimination.
9. We only investigate those where there is clear fault by the Council, and it is of a type or scale there is a significant public interest in exposing and correcting it. The injustice also needs to amount to serious harm or loss.
10. I understand X remains unhappy with their interaction with an officer, but we do not investigate those types of complaints. However, we would expect to see evidence the Council considered its Public Sector Equality Duty. The evidence shows it has done so, therefore, there is no worthwhile outcome achievable by us investigating.

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Final decision

11. We will not investigate X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman