Summary: We will not investigate this complaint about the Council issuing an environmental Fixed Penalty Notice (FPN) and the Council’s complaint handling. This is because the complaint is late, and there are no good reasons to exercise our discretion to investigate it now.

The complaint

1. Mr X complained on behalf of his spouse Mrs X about the Council issuing an environmental Fixed Penalty Notice (FPN) in January 2023 related to household waste, and the Council’s communication and complaint handling.

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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 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 that further investigation would not lead to a different outcome.

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued Mrs X an environmental FPN in January 2023 for incorrect disposal of household waste, which Mr X challenged on Mrs X’s behalf.
7. Mr and Mrs X were aware of their reasons to complain about the Council’s actions when they became aware of the FPN in January 2023, more than 12 months ago. Consequently, the complaint to us is late.
8. We have discretion to disapply the rule outlined in paragraph 3 where we decide there are good reasons. Mr X has not provided good reason he did not bring the complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner and in time as required by law.
9. Mr X also complained about the Council’s complaint handling. It has acknowledged shortfalls in how it communicated with Mr and Mrs X, has apologised, and has now cancelled the FPN. It is not a good use of public funds to investigate complaint handling if we are not investigating the subject of the complaint. We could not in any event decide whether the Council was right to issue the FPN; only the courts could do that.

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Final decision

10. We will not investigate this complaint. This is because the complaint is late, and there are no good reasons to exercise our discretion to investigate it now. The Council has cancelled the FPN so it is unlikely that further investigation would lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman