Summary: We will not investigate Ms X’s complaint about the Council issuing her a Fixed Penalty Notice for fly tipping. This is because Ms X can raise a defence against the issuing of the notice in court if she believes it was wrongly issued.

The complaint

1. Ms X complains the Council has issued her a Fixed Penalty Notice (FPN) for fly tipping. Ms X says she feels unfairly targeted by the Council and if she had placed the items there on collection day she would not have been issued the FPN.

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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. Ms X complained to the Council after she was issued a FPN for fly tipping.
7. The Council told Ms X it considered the FPN had been correctly issued and that if she wanted to contest it this should be via the magistrates court.
8. We will not investigate Ms X’s complaint. This is because she can raise a defence against the issuing of the FPN in court if she believes it was incorrectly issued and wishes to challenge it rather than pay it.
9. 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 Ms X is liable. We also cannot cancel a FPN. These are matters the court will consider and decide if Ms X defends the matter. This is the suitable route for Ms X to use should she wish to challenge the FPN rather than pay it.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman