The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council issuing Fixed Penalty Notices for breaching a Public Spaces Protection Order. This is because Mr X can take the matter to court.
The complaint
Mr X complains a Council officer acted aggressively towards him before issuing three Fixed Penalty Notices (FPN) for allegedly breaching a Public Spaces Protection Order (PSPO). Mr X says the fines should not have been issued as the signage was hidden and he says the police confirmed he had done nothing wrong. He says the Council later withdrew two of the FPN’s and failed to address his complaint properly. Mr X says he has spent a significant amount of time trying to resolve the matter. He says he is worried about the impact on his livelihood because of the stress the situation has caused him and his family. Mr X wants the Council to issue an apology, cancel the remaining FPN and provide compensation.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued Mr X with three FPN’s for breaching a PSPO attached to an area where Mr X was allegedly waiting in his Private Hire Vehicle.
Mr X wanted the Council to cancel the FPN. A FPN is an invitation to settle a criminal matter without going to court. If Mr X disputes the FPN, he can choose not to pay the fine and let the case proceed to court should the Council decide to prosecute. I consider it reasonable for Mr X to present his case in court and only the courts can decide if an offence was committed or not.
Mr X also complained about how the Council handled his complaint. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate.
Final decision
We cannot investigate Mr X’s complaint because he can take the matter to court.
Investigator's decision on behalf of the Ombudsman