Summary: We will not investigate Mrs X’s complaint about being issued two Fixed Penalty Notices. This is because Mrs X could have used her right to raise a defence against the issuing of the Notices in the magistrates court. This is the appropriate route to use to challenge the matter.

The complaint

1. Mrs X complains she was wrongly issued two Fixed Penalty Notices (FPNs) for obstructing the highway.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mrs X was issued two FPNs for obstructing the highway in leaving bins in the road. Mrs X says she did not commit the alleged offences and the FPNs were wrongly issued against her.
7. Mrs X paid the FPNs rather than using her right to raise a defence against their issue in the magistrates court.
8. We will not investigate Mrs X’s complaint. This is because Mrs X could have used her right to raise a defence against the issuing of the FPNs in court if she considered they were wrongly issued. This is the route to use to challenge the FPNs rather than paying them and then submitting a complaint to this office.
9. We are not an appeal body. We cannot decide whether or not the alleged offences were committed, nor whether Mrs X was the person responsible and liable to pay the FPNs. These are matters the court could have considered, decided and ruled on had Mrs X used her right to defend the matter in court, rather than paying the FPNs which closes the matter.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because the route to challenge the issuing of the FPNs was to raise a defence in the magistrates court. The court would have decided the issues raised here.

Back to top

Investigator's decision on behalf of the Ombudsman