The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Fixed Penalty Notice he received for alleged littering. This is because Mr X can raise a defence in court.
The complaint
The complainant, whom I shall call Mr X, complains about a Fixed Penalty Notice he received for littering.
The Ombudsman’s role and powers
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X was issued a Fixed Penalty Notice (FPN) for littering. Mr X says it was not correctly issued. He considers the issuing of the FPN to be harassment and discrimination. The Council considered Mr X’s comments but said the FPN was correctly issued. It has explained the process should Mr X wish to defend the matter in court.
We will not investigate Mr X’s complaint. This is because Mr X can raise a defence in court. We are not an appeal body and we cannot decide whether or not the alleged offence was committed nor whether Mr X is liable. These are matters for the courts to decide.
Final decision
We will not investigate Mr X’s complaint because he can defend the matter in court.
Investigator's decision on behalf of the Ombudsman