Summary: We will not investigate this complaint about a Fixed Penalty Notice for fly-tipping because the Council has provided a satisfactory remedy.

The complaint

1. The complainant, Ms X, complains about a Fixed Penalty Notice (FPN) the Council issued after she left a working appliance on the pavement in the hope that someone who needed it would take it. Ms X denies fly-tipping and wants the Council to cancel the fine.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes correspondence about the FPN and an update from the Council. I also considered our Assessment Code.

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My assessment

4. The law allows councils to issue a FPN for fly-tipping. If the person pays the fine the Council closes the case. If the person does not pay councils can take legal action and the person can raise a defence in court. The court will uphold or cancel the FPN. The Council’s policy gives people the opportunity to challenge the fine with the contractor and then complain to the Council. This process is offered before legal action starts.
5. Ms X left an appliance on the path. She says it was in working order and she hoped someone who needed it would take it. Ms X says she had no intention to fly-tip.
6. The Council issued a FPN for fly-tipping. The fine was £400. The FPN said she would be able to appeal (defend) any legal action.
7. Ms X challenged the FPN. The contractor responded and explained why it would not cancel the FPN. It extended the deadline for Ms X to pay and said she would have a right to appeal via the magistrates court. The letter did not say Ms X could complain to the Council.
8. In response to my enquiries the Council said it had identified some problems with its processes. It noted the letter from the contractor did not explain people can complain to the Council. The Council will rectify this error by ensuring that all final responses from the contractor explain how the person can complain to the Council if they remain unhappy.
9. The Council also identified that its website does not provide enough information about the process to challenge a FPN. It will review the webpage to ensure the processes are clearly explained.
10. The Council said it would cancel Ms X’s FPN due to these errors.
11. We will not investigate this complaint because the Council has offered a fair remedy. It has cancelled the FPN, identified some weaknesses in its processes and will take steps to rectify these issues. It would not be proportionate for us to start an investigation given the Council’s response. However the Council may also wish to make it clear, in all documents, that a person cannot appeal to the court but can raise a defence in court.

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Final decision

12. We will not investigate this complaint because the Council has proposed a satisfactory remedy.

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Investigator's decision on behalf of the Ombudsman