Summary: We will not investigate this complaint about the Council issuing Mr X with a fixed penalty notice for breaching the terms of a Public Spaces Protection Order. A fixed penalty is a criminal matter and the courts are better placed to decide if the notice was reasonably issued.

The complaint

1. Mr X says he was issued with a fixed penalty (FPN) under the Anti-social Behaviour Crime and Policing Act 2014 for activity involving a pedicab in a restricted are. He says the officers involved did not properly identify themselves and that the address to which the notice was served was his previous address. He believes the notice is invalid for these reasons.

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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 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 there is another body better placed to consider this complaint.

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

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How I considered this complaint

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

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My assessment

5. Mr X was issued with a fixed penalty notice for breaching the terms of a Public Spaces Protection Order. He says the officers failed to carry proper identification showing their surnames. He also says that the notice was issued to his old address and that the Council should have updated its data about him.
6. The Council disputes Mr X’s claims and dealt with his complaint about the penalty. It says the authorised officers identified themselves and surnames are not included for GDPR data protection reasons. The Council also says that that address was provided by Police officers who attended the scene and that it has issued previous FPN’s to Mr X at this address.
7. We will not investigate this complaint because it concerns a criminal matter. Mr X says that he has sufficient evidence to defend any action at the magistrates court and it is for the Council to decide whether it wishes to test the validity of the notice in court. We cannot advise Mr X about what action he should take on this matter.

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Final decision

8. We will not investigate this complaint about the Council issuing Mr X with a fixed penalty notice for breaching the terms of a Public Spaces Protection Order. A fixed penalty is a criminal matter and the courts are better placed to decide if the notice was reasonably issued.

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Investigator's decision on behalf of the Ombudsman