The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue a fixed penalty notice. The courts are better placed to consider this complaint and there is not enough evidence of fault by the Council.
The complaint
Mr X says the Council gave him a fixed penalty notice (FPN) for a contravention of a Public Space Prohibition Order (PSPO). Mr X says the warning signs were inadequate and he did not know he was committing an offence. Mr X wants the Council to withdraw the FPN.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6)).
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council gave him a FPN for a contravention of a PSPO, because he was walking his dogs without a lead.
Mr X challenged the FPN. He said the warning signs telling people about this restriction were inadequate and he did not know he was committing an offence. Mr X also said he had only been in the area for a short time.
The Council considered Mr X’s challenge and declined to withdraw the FPN. The Council gave Mr X more time to consider whether he wanted to pay the FPN. There is insufficient evidence of fault in how the Council dealt with the matter.
If Mr X chooses not to pay the FPN, the Council may decide to take court action to prosecute the offence and Mr X can then ask the court to consider the circumstances.
We cannot say whether Mr X has committed an offence as this is a matter only the courts can decide.
Final decision
We will not investigate this complaint because the courts are better placed to consider it and there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman