Summary: The Ombudsman will not investigate this complaint about a Fixed Penalty Notice for a waste offence. This is because the complainant could have raised the issue with the Council and defended the case in court.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Fixed Penalty Notice (FPN) the Council issued for a waste offence.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I looked at photographs of the rubbish and a copy of the FPN. I considered comments Ms X made in reply to a draft of this decision.

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What I found

Fixed Penalty Notice

4. If a Council believes someone has committed a waste offence it can issue a FPN. If the person pays the fine the Council closes the case and takes no further action. If the person does not think they committed an offence they can query it with the Council and then wait for the Council to prosecute and raise a defence in court. The court then decides if they committed an offence.

What happened

5. Ms X reported some fly tipping to the Council. However, officers then told her that they could not find the waste.
6. The Council issued Ms X with a FPN because officers had found a bag of rubbish, on the ground, with Ms X’s contact details inside the bag. I have seen photographs which show the bin bag on the ground and the envelope amidst the rubbish showing Ms X’s name and address. The rubbish for which the Council served the FPN was not linked to the fly tipping reported by Ms X.
7. The Council issued the FPN on 29 November. The fine was £100 reduced to £70 if paid within 10 days. Ms X paid £70 in 29 November.
8. Ms X says she left the rubbish in a bin. She wants the Council to listen to what she said and reconsider the fine.

Assessment

9. I will not start an investigation because Ms X could have queried the fine with the Council and/or raised a defence in court. However, Ms X paid the fine on the day she received it and gave the Council no opportunity to consider any points she wanted to make or is now trying to make. Ms X could have immediately queried the fine with the Council and then either paid or waited for the Council to prosecute. Ms X paid the fine which meant the case was closed. The Ombudsman does not act as an appeal body and it is not my role to decide whether Ms X committed a waste offence. In addition, I have no power to revoke the fine.
10. Ms X says she felt threatened and intimidated by the officers who issued the fine. This is unfortunate but the officers had to follow a legal process which includes an element of formality. I appreciate Ms X found the process distressing but this does not require an investigation.
11. The Council explained to Ms X that the information it gave her about the fly tipping was unclear because the items had been removed after someone else reported the same offence and the records had not been updated to reflect this. Ms X disagrees and says she made all the reports. The Council’s response to Ms X’s report of fly-tipping could have been clearer but this does not need an investigation and has no bearing on the fact that the Council issued a fine because officers believed Ms X had not disposed of her rubbish correctly.

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Final decision

12. I will not start an investigation because Ms X could have challenged the fine rather than immediately paying it.

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Investigator's decision on behalf of the Ombudsman