Summary: We will not investigate this complaint about a Fixed Penalty Notice for littering. There is insufficient evidence of fault in the Council’s actions, and insufficient evidence any fault caused Mr X’s injustice.

The complaint

1. Mr X complained the Council issued him a Fixed Penalty Notice (FPN) for disposing of a cigarette butt on the floor, then failed to deal with his correspondence properly. He said the matter caused him confusion, inconvenience and a financial detriment. He wanted the Council to make service improvements and pay him a financial remedy.

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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 impact 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

Legal background

6. Fixed Penalty Notices (FPNs) are a decriminalised way of councils enforcing against low level offences as an alternative to prosecution through the courts. A person has the choice to pay the penalty if they accept the offence happened, and that discharges the notice and ends the matter.
7. There is no procedure leading to a right of appeal if a person disputes the offence. To challenge the FPN a person may take no action and wait for the council to prosecute the original offence in court. There is no legal requirement for councils to run an internal review or appeal procedure, but there is guidance, and some do. Others may deal with any challenge using their complaints process.

What happened

8. Mr X says he dropped a cigarette butt on the floor while he dealt with an urgent matter. He says he intended to dispose of the cigarette butt after dealing with the urgent matter, however the enforcement agent on behalf of the Council issued him a FPN before he could do so.
9. Mr X says he experienced difficulties in trying to contact the enforcement agency to challenge the FPN. He contacted the Council to complain.

Insufficient evidence of fault

10. We are not an appeal body. Where there is no fault in how an organisation came to a decision, we cannot question its decision. The Council considered Mr X’s explanation, but said it was satisfied he had committed the offence the FPN related to. There is insufficient evidence of fault in the Council’s consideration of the matter.
11. There is insufficient evidence of fault in the enforcement agent issuing the FPN. Mr X does not dispute that he dropped the cigarette butt on the floor, and that is the offence the FPN was issued in relation to.

Insufficient evidence any fault in communication caused Mr X injustice

12. Mr X says the enforcement agency failed to respond to his communications. The evidence he provided shows the enforcement agency contacted him explaining the delays in its communication and extending the deadline within which he could pay the fine at the discounted rate. Any delay by the enforcement agency did not cause Mr X additional financial detriment.
13. Mr X had the option of not paying the penalty and defending the matter at the Magistrates’ court. He chose instead to pay the penalty at the reduced rate.
14. As Mr X does not dispute that he dropped the cigarette butt on the floor, the subsequent impact on Mr X was ultimately not due to the actions of the Council or its agent. There is insufficient evidence any fault caused Mr X an injustice, and we will not therefore consider the complaint.

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Final decision

15. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council's actions, and insufficient evidence any fault caused Mr X's injustice.

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Investigator's decision on behalf of the Ombudsman