The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about being issued a Fixed Penalty Notice for littering. This is because she could raise a defence against the issuing of the notice in court
The complaint
Ms X complains about the Councils’ decision to issue her with a Fixed Penalty Notice (FPN) for leaving garden waste outsider her property. Ms X wants the FPN cancelled or reduced.
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 do not start an investigation if we decide 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 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) We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X was issued with a Fixed Penalty Notice (FPN) for littering. Mr X says the FPN was incorrectly issued Ms X complained to the Council about the issuing of the FPN. The Council did not uphold Mr X’s complaint. Ms X also complains about that the Council only told her to cut down the hedge because of her neighbour.
We will not investigate Ms X’s complaint. This is because Ms X could raise a defence against the matter in court if she considered the FPN was incorrectly issued. We are not an appeal body and we cannot decide whether the alleged offence was committed or the FPN was incorrectly issued as Ms X states. This is a matter for the courts to decide and she can challenge this rather than paying the FPN.
I will not investigate Ms X’s complaint that she was told to cut the hedging down. This is because Ms X is a Council tenant, and these actions were in relation to the Council’s role as a social housing landlord.
Final decision
We will not investigate Ms X’s complaint because she could raise a defence against the issuing of the notice in court
Investigator's decision on behalf of the Ombudsman