Summary: We will not investigate Mr X’s complaint about the Council issuing him a Fixed Penalty Notice for fly tipping. This is because Mr X can raise a defence against the issuing of the notice in court if he considers it was incorrectly issued.

The complaint

1. Mr X complains the Council has incorrectly issued him a Fixed Penalty Notice for fly tipping as he did not commit the offence.

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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 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)
3. 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)

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How I considered this complaint

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

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My assessment

6. The Council issued Mr X a Fixed Penalty Notice (FPN) of £400 for fly tipping.
7. Mr X told the Council he had not committed the offence as a third party had removed the item from his rubbish bag which is not in a secure area.
8. The Council told Mr X it considered the FPN had been correctly issued. It explained that should he wish to dispute the matter further, rather than pay the fine, it would progress to the courts where he can raise a defence against the issuing of the FPN.
9. We will not investigate Mr X’s complaint. This is because he can raise a defence against the issuing of the FPN in court if he believes it was incorrectly issued and decides not to pay it. We are not an appeal body. We cannot decide whether or not the alleged offence was committed; whether the FPN was correctly issued nor whether Mr X is liable. These are matters for the courts to decide and this is the suitable route for Mr X to take should he wish to challenge the issuing of the FPN.

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Final decision

10. We will not investigate Mr X’s complaint because he can defend the matter in court if he considers the FPN was incorrectly issued.

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Investigator's decision on behalf of the Ombudsman