Summary: We will not investigate this complaint about the Council issuing a fixed penalty notice for fly-tipping. Mr X has paid the penalty before complaining to us and there is insufficient evidence of fault in the Council’s procedures to warrant an investigation.

The complaint

1. Mr X complained about receiving a fixed penalty notice for leaving a bag of household waste next to his bin because he says it was full. He says the level of fine was unreasonable and there is no formal appeal process as with a parking penalty notice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A (6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X received a fixed penalty notice for £400 when he left a bag of household waste next to his bin in the street. He says the penalty amount is unreasonable and that there is no formal appeal right as there is with a parking penalty. He complained about the notice to the Council but was told the penalty would stand and he would have to challenge it in the courts if it summonsed him.
6. Mr X paid the penalty and we cannot consider a complaint about a penalty which has been accepted and discharged. The levels of the fixed penalty notices are set according to the Environmental Offences (Fixed Penalties) (England) Regulation 2017 which specifies the ranges within which enforcing authorities can set their own level of fixed penalty. If the enforcing authority does not specify a local fixed penalty amount, a statutory default penalty amount may apply. In this case the Council’s penalty was within the range it specifies on its website.

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Final decision

7. We will not investigate this complaint about the Council issuing a fixed penalty notice for fly-tipping. Mr X has paid the penalty before complaining to us and there is insufficient evidence of fault in the Council’s procedures to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman