Summary: We will not investigate Miss X’s complaint about the Council issuing her business a Fixed Penalty Notice. This is because Miss X can raise a defence against the issuing of the notice in court if she considers it was incorrectly issued and wishes to challenge it further.

The complaint

1. Miss X complains the Council issued her a Fixed Penalty Notice (FPN) for failing to produce authority waste transfer notes for her business waste.

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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 Miss X a FPN for failing to produce authority waste transfer notes for her business waste.
7. Miss X says she submitted an appeal to the Council but the Council said it was not received. The Council treated Miss X’s complaint as an appeal in the absence of a formal appeal.
8. The Council upheld its decision to issue the FPN. It considers it was correctly issued and it explained its reasons to Miss X. It explained the enforcement process would proceed if the FPN was not paid and Miss X wishes to challenge it further. This will mean the case will proceed to court and Miss X will have the right to present her case to the magistrates court.
9. We will not investigate Miss X’s complaint. This is because she can raise a defence against the issuing of the FPN in the magistrates court if she believes it was incorrectly issued and decides not to pay it. That is the appropriate route to challenge it. We are not an appeal body. We cannot decide whether or not the alleged offence was committed nor whether Miss X is liable to pay the penalty charge. We also cannot cancel a FPN. These are matters the court would consider and decide and this is the suitable route for Miss X to use to challenge the issuing of the FPN.

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Final decision

10. We will not investigate Miss X’s complaint because she can defend the matter in court if she considers there is fault in the issuing of the FPN and wants to challenge it.

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Investigator's decision on behalf of the Ombudsman