London Borough of Brent (26 015 058)
Category : Environment and regulation > Refuse and recycling
Decision : Closed after initial enquiries
Decision date : 07 Sep 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council issuing X with a Fixed Penalty Notice. There is no worthwhile outcome achievable from our investigation. Additionally, X can challenge the notice in court.
The complaint
- X complained the Council was at fault for issuing them with a Penalty Charge Notice (PCN). X said they could not be responsible and told the Council why this was the case. They also said the Councils position on why it held them responsible was legally unsound and is concerned the evidence may be unreliable.
- X said the Council’s actions has caused them distress and is now worried about a prosecution.
The Ombudsman’s role and powers
- We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We may decide not to start or continue with an investigation if we think the issues could reasonably be mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
My assessment
- The Ombudsman cannot tell the Council it should cancel an FPN or not proceed with a prosecution. There is therefore no worthwhile outcome achievable by us investigating.
- A person who receives a FPN may either pay the FPN or wait for the Council to pursue the matter in court. If the Council starts court action, the person can challenge the FPN in court if they believe the Council’s position is not legally sound. They would also be provided full disclosure by the Council before any proceedings. Therefore, X can raise a defence in court against the issuing of an FPN.
Final decision
- We will not investigate X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman