The Ombudsman's final decision
Summary: We will not investigate this complaint about a Fixed Penalty Notice for leaving rubbish in the street outside the designated collection time. This is because the Council will withdraw the penalty, make a refund and review its processes.
The complaint
The complainant, Ms X, complains the Council issued a Fixed Penalty Notice (FPN) even though she only put her waste out for collection a few hours early. Ms X paid the fine because she was worried the Council would take her to court. Ms X wants a refund.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the correspondence about the FPN, photographs and an update from the Council. I also considered our Assessment Code.
My assessment
Ms X’s road has timed waste collections. The Council collects waste twice a day; the afternoon collection is between 5.30pm and 6.30pm. Residents are required to put their rubbish out during the timed collection bands.
Ms X put her rubbish out at 3pm. I have seen a photograph showing she left her bag on the street, next to a bin. Ms X says she put the waste out early because she had to catch a train.
The Council issued a FPN because Ms X put the waste out early. The fine was £400 but £250 could be paid within ten days.
Ms X challenged the fine but the Council said it had issued it correctly. The Council said that if she did not pay it may prosecute and Ms X could defend the case in court.
Ms X paid £250 because she was worried about being taken to court. Ms X says the Council’s actions were disproportionate and did not follow government guidance.
In response to my enquiries the Council said it had reviewed the case and thinks it could have treated Ms X differently. It will withdraw the FPN and issue a refund. It will also review its procedures to provide better support to people in similar circumstances.
Final decision
We will not investigate this complaint because I am satisfied with the remedy proposed by the Council. It will withdraw the FPN, make a refund and review its processes. There is nothing more we would ask it to do.
Investigator's decision on behalf of the Ombudsman