The Ombudsman's final decision
Summary: We will not investigate this complaint about a fine imposed on Ms X for littering. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Ms X, says she was treated unfairly when she was issued with a littering fine by the Council’s contractors. She says she would like an independent assessment of the matter.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X received a fine for littering by contractors working on behalf of the Council.
Ms X sought to challenge the fine. The Council considered her concerns and the information she provided but it confirmed it was satisfied the fine had been issued correctly and in line with the relevant legislation. It explained any person wishing to dispute the committing of a littering offence could chose not to pay the fine and have the matter decided at the Magistrates Court.
I have seen no evidence to suggest there was fault in the way this matter was dealt with by the Council and no grounds which warrant an investigation of the complaint.
Final decision
We will not investigate Ms X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman