Summary: Ms X complained about a fixed penalty notice (FPN) issued to her because of refuse left outside her business, which the Council considered to be fly tipping. We have ended the investigation as further investigation would not achieve the outcome Ms X wants and the courts are better placed to decide such matters.

The complaint

1. Ms X complained the Council did not properly apply the law when issuing a fixed penalty notice (FPN) for refuse found at the side of her commercial waste bin. She also complained the fixed penalty amount was disproportionate to the alleged offence. Mrs X said the fixed penalty notice caused distress and had a significant financial impact on her business.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
3. 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, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or

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

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How I considered this complaint

4. I considered evidence provided by Ms X the Council as well as relevant law, policy and guidance.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. The Council uses a third party contractor to conduct its environmental enforcement activities.
7. In April 2025 the contractor issued Ms X with an FPN for fly tipping, under Section 33 of the Environmental Protection Act 1990. The FPN was issued because of refuse found at the side of the commercial waste bin she has for her business.
8. The FPN informed Ms X that she had, in the view of the issuing authority, committed a criminal offence. However, she had the opportunity to discharge liability for the offence by paying a fine.
9. There is no statutory right of appeal against an FPN. However, Ms X made an informal challenge against the notice. The third party contractor said it reviewed the circumstances and concluded the FPN was correctly issued and remained in place.
10. The Council’s contractor is entitled to issue FPNs for fly tipping. The Ombudsman is not an appeal body and only the courts can decide whether Ms X has committed an offence. We also cannot cancel the FPN. It is open to Ms X to pay the FPN or to wait for the Council to start court proceedings and challenge it in the court. That is the most appropriate route for Ms X to challenge the FPN.

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Decision

11. I have ended the investigation as we cannot achieve the outcome Ms X wants and the courts are better placed to decide if the FPN was correctly issued.

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Investigator's decision on behalf of the Ombudsman