London Borough of Redbridge (21 012 574)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 12 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a fixed penalty the Council issued for the unauthorised deposit of waste. This is because the complainant could have raised a defence against the penalty in court.
The complaint
- The complainant, who I will call, Mr X, complains about a Fixed Penalty Notice (FPN) that the Council issued to his business for the unauthorised deposit of waste.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- The magistrates decide whether someone has committed an offence under the Environmental Protection Act 1990.
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Mr X with a FPN for the unauthorised deposit of waste, after an enforcement officer concluded that waste had been illegally left outside of Mr X’s business. A FPN gives someone the chance to pay a fine and avoid prosecution. If the person does not pay the Council may start legal action. The magistrates then decide if the person committed an offence.
- Mr X challenged the fine with the Council, stating that the FPN was issued unlawfully. However, the Council rejected the challenge, explaining that Mr X had 14 days to pay the fine or face prosecution.
- I will not investigate Mr X’s complaint. If Mr X felt the FPN was issued unlawfully he could have withheld payment and raised a legal defence in court. It is not my role to decide if an offence is committed, this is the role of the courts.
Final decision
- We will not investigate Mr X’s complaint because the matter could reasonably have been defended by him in the magistrates court.
Investigator's decision on behalf of the Ombudsman