Summary: We will not investigate this complaint about fixed penalty notices for fly tipping as the complaint is made late and there are not good reasons to investigate now.

The complaint

1. Mr X complains the Council wrongly issued him with fixed penalty notices (FPN) for fly tipping and continued to pursue them despite Mr X providing evidence that he was out of the country at the time. Mr X also complains the Council failed to respond to an information request he made about this matter. Mr X says he was caused worry by this action and wants an explanation as to why the FPNs were pursued.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/freedom of information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X was issued with FPNs for fly tipping in late 2022. The Council cancelled the FPNs in mid-2023. Mr X complained to us in October 2024.
8. Mr X’s complaint is made late to us as he has not complained within a year of him knowing about the problem. Mr X has given no reason for the delay in complaining to us. I consider it is reasonable to expect Mr X to have complained to us sooner, and within a year of him knowing about the problem. As such, I do not consider there are good reasons to investigate now.
9. The Information Commissioner’s Office (ICO) is the UK independent regulator in respect of information rights and was best placed to deal with Mr X’s complaint that the Council failed to respond to his information request.
10. For these reasons, we will not investigate.

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Final decision

11. We will not investigate Mr X’s complaint because it is made late and there are not good reasons for us to investigate now. The ICO was best placed to respond to Mr X’s concerns about the Council’s handling of his information request.

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Investigator's decision on behalf of the Ombudsman