Summary: The Ombudsman will not investigate Miss X’s complaint about a Fixed Penalty Notice for failing to properly dispose of her household waste. This is because it is reasonable for Miss X to refuse to pay the fine and to argue her case in court if she wants to challenge it. The courts are better placed than the Ombudsman to consider this matter.

The complaint

1. Miss X complains the Council has wrongly issued her with a Fixed Penalty Notice (FPN) for failing to properly dispose of her household waste. Miss X denies the offence.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before reaching a final decision on her complaint

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What I found

6. Under the Environmental Protection Act (EPA) 1990, a person can be guilty of an offence if they fail to take ‘all reasonable steps’ to dispose of controlled waste (which includes household waste) safely and correctly. Councils can issue FPNs when a person fails to take ‘all reasonable steps’. A person can discharge their liability to prosecution for the offence by paying the FPN. If a person does not pay the fine, the Council can start court proceedings for non-payment. The person who received the FPN can then defend those proceedings in court.
7. The Council has issued Miss X with an FPN for not properly disposing of her household waste. Miss X disagrees with the fine.
8. The Ombudsman’s role is to look for administrative fault. We cannot interpret the law or decide Miss X’s liability for the offence the Council says she has committed. If Miss X disputes the offence, it is reasonable for her to refuse to pay the FPN and present a defence in court. The court can decide if Miss X is guilty of the offence. This is a legal rather than an administrative matter and not something the Ombudsman could make a finding on. An investigation is not therefore appropriate.

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Final decision

9. The Ombudsman will not investigate Miss X’s complaint. This is because it is reasonable for Miss X to refuse to pay the Fixed Penalty Notice and to argue her case in court if she wants to challenge the fine.

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Investigator's decision on behalf of the Ombudsman