Summary: We cannot investigate this complaint about a fixed penalty notice. This is because the law prevents us from investigating the start of court action or what happened in court and because part of the complaint is made late.

The complaint

1. X complains about the Council’s decision to issue them with a Fixed Penalty Notice (FPN), it’s subsequent decision to prosecute X and its actions during the court proceedings.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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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. I will not investigate the Council’s decision to issue X with a FPN in October 2024.This is because this element of X’s complaint is late and I see no good reason why they could not have complained to us sooner.
7. I cannot investigate the Council’s decision to prosecute X, or its actions during court proceedings. This is because the law prevents us from investigating the start of court action or what happens in court.

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Final decision

8. We will not investigate X’s complaint because the law prevents us from investigating the start of court action or what happened in court and because part of the complaint is made late.

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Investigator's decision on behalf of the Ombudsman