Summary: We will not investigate this complaint about the Council issuing Mr X with a Fixed Penalty Notice. There is no worthwhile outcome achievable from our investigation. Additionally, Mr X could have challenged the notice in court.

The complaint

1. Mr X complains the Council wrongly issued him with a Fixed Penalty Notice (FPN) for littering.
2. Mr X says this caused distress.
3. Mr X wants the Council to recognise it was wrong to issue the FPN and repay him for its cost.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman cannot direct the Council to pay back Mr X for the cost of an FPN he has already paid. Therefore, there is no worthwhile outcome achievable by our investigation.
8. 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, Mr X could have raised a defence in court against the issuing of the FPN.

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Final decision

9. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation. Additionally, Mr X could have challenged the FPN in court.

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Investigator's decision on behalf of the Ombudsman