Summary: We will not investigate Mr X’s complaint about being issued a Fixed Penalty Notice for littering. This is because Mr X could have raised a defence against the issuing of the notice in court.

The complaint

1. The complainant, Mr X, complains he was incorrectly issued a Fixed Penalty Notice for littering.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X was issued with a Fixed Penalty Notice (FPN) for littering. Mr X says the FPN was incorrectly issued.
7. Mr X decided to pay the FPN rather than raising a defence against the notice in court. He also complained to the Council about the issuing of the FPN. The Council did not uphold Mr X’s complaint. Mr X also complains the Council did not respond to his further complaint email.
8. We will not investigate Mr X’s complaint. This is because Mr X could have raised a defence against the matter in court if he 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 Mr X states. This is a matter for the courts to decide and Mr X had the opportunity to challenge this rather than paying the FPN.
9. We will not investigate Mr X’s complaint about complaint handling. This is because it is not a good use of our limited public resources for us to do so where we are not also investigating the substantive matter.

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Final decision

10. We will not investigate Mr X’s complaint because it was reasonable to expect Mr X to have used his right to defend the matter in court. The court would have reached a view on whether the offence was committed. It is not a matter we can decide.

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Investigator's decision on behalf of the Ombudsman