The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of an enforcement officer when issuing a fixed penalty for littering. This is because we cannot achieve the outcome the complainant seeks.
The complaint
Miss X complains about how a Council enforcement officer issued her with a fixed penalty notice for littering. This has impacted on Miss X’s mental health and caused her anxiety. Miss X wants the fine to be cancelled or for the Council to pay it.
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 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 we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended) We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains a Council enforcement officer chased after her, along a road and into a shop, to issue her with a fixed penalty notice (FPN) for littering. Miss X complains the officer did not show her his identification until he had escorted her out of the shop. Miss X says the actions of the officer, his size and attitude impacted on her mental health and have caused her anxiety.
The Council took the case to court when Miss X did not pay the FPN. Miss X complains she received no notification about this. The court found Miss X guilty of the offence and fined her.
Miss X considers the Council should pay the fine or cancel it, in recognition of the impact the officer’s actions had on her.
As per paragraph three, we cannot investigate matters that formed part of a court case and as this has been to court, it is difficult to see what part of it we could now investigate.
While I recognise Miss X says she was caused distress by the incident, I do not consider that even if we did investigate, we could prove a definite causal link between what took place and Miss X’s current mental health condition. We would therefore be unlikely to be able to achieve the financial remedy Miss X seeks.
We are unable to ask the Council to pay the fine or to cancel it, given this matter has been to court. Additionally, as this matter has already been decided in court, it is unlikely we could achieve any meaningful outcome in respect of Miss X not being notified of the hearing. At this stage, Miss X should take this up with the court itself.
For these reasons, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is unlikely we can achieve any meaningful outcome for her given this case has already been decided in court.
Investigator's decision on behalf of the Ombudsman