The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X being issued a Fixed Penalty Notice for a littering offence. This is because Mr X can raise a defence against the issuing of the notice in court if he considers it was incorrectly issued and wants to challenge it.
The complaint
Mr X complained the Council issued him with a Fixed Penalty Notice (FPN) for a littering offence.
Mr X said the items he is alleged to have littered were left with an intention of neighbours reusing them and not to dump them unlawfully.
Mr X said the matter has caused him stress and financial difficulties.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council issued him with a FPN for items he said were left outside for neighbours to recycle.
Mr X said the Council did not follow the appropriate process in issuing him with the FPN and the penalty will cause his family financial difficulties.
Mr X’s desired outcome is for the FPN to be cancelled.
Mr X can raise a defence against the issuing of the FPN in court if he believes it was incorrectly or unfairly issued. This is the appropriate way to challenge it.
The Ombudsman is not an appeals body and cannot make decisions on whether Mr X is liable to pay the penalty, nor can we cancel the FPN.
For these reasons, we will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because he can raise a defence against the issuing of the notice in court if he considers it was incorrectly issued and wants to challenge it.
Investigator's decision on behalf of the Ombudsman