Summary: We will not investigate this complaint about a Fixed Penalty Notice that the Council issued Mr X for littering. This is because the Council has cancelled the fine so further investigation would not lead to a different outcome.

The complaint

1. Mr X complains that the Council unfairly issued him a Fixed Penalty Notice (FPN) for littering. Mr X wants the FPN to be cancelled.

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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 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

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

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My assessment

5. The Council has recently cancelled the FPN it issued Mr X for littering, which is the outcome Mr X was seeking. I will therefore not investigate his complaint because doing so would not lead to a different outcome.

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Final decision

6. We will not investigate Mr X’s complaint because doing so would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman