London Borough of Enfield (24 019 804)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 21 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint that she has been wrongly issued a Fixed Penalty Notice for fly-tipping. This is because Miss X can raise a defence against the issuing of the notice in court if she wishes to challenge it.
The complaint
- The complainant, Miss X, complains she has been wrongly issued a Fixed Penalty Notice (FPN) for fly-tipping. Miss X says she did not commit the offence and so the FPN has been wrongly issued.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Miss X a FPN for fly-tipping. Miss X says she did not commit the offence.
- The Council says it is satisfied the FPN was correctly issued and explained its reasons.
- We will not investigate Miss X’s complaint. This is because Miss X can raise a defence against the issuing of the FPN in court if she considers it was incorrectly issued and decides not to pay the charge. We are not an appeal body and we cannot cancel the FPN or decide whether or not the alleged offence was committed nor whether Miss X is liable. These are matters for the court to consider and decide if Miss X wants to challenge the FPN.
Final decision
- We will not investigate Miss X’s complaint because she can raise a defence in court if she believes the FPN has been wrongly issued.
Investigator's decision on behalf of the Ombudsman