Summary: We cannot investigate this complaint about the Council issuing Mrs X with a fixed penalty notice. The law prevents us from investigating complaints about the start of court action.

The complaint

1. Mrs X complains the Council wrongly issued her with a fixed penalty notice (FPN) for fly-tipping and refused to provide her with the evidence it used when deciding to issue the FPN.
2. Mrs X says this caused distress.
3. Mrs X wants the Council to review its decision to issue the FPN and suspend enforcement action while it does so.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, 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

7. I considered information provided by Mrs X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council has confirmed non-payment of the FPN has meant the matter is now in legal proceedings. We therefore cannot investigate Mrs X’s complaint. The law prevents us from investigating complaints about the start of court action.
10. A person who receives an 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, Mrs X can raise a defence in court against the issuing of the FPN.

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Final decision

11. We cannot investigate Mrs X’s complaint because the law prevents us from investigating complaints about the start of court action.

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Investigator's decision on behalf of the Ombudsman