Summary: We will not investigate this complaint about a Fixed Penalty Notice for littering. The Council has cancelled the penalty, and so there is nothing further we could achieve by investigating.

The complaint

1. Mr X complained the Council issued him a Fixed Penalty Notice (FPN) for disposing of a cigarette when there were no available bins or notices. He felt the Council was being vindictive and prejudiced due to the nature of the event Mr X was attending. He wanted the Council to cancel the FPN.

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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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

5. The Council issued Mr X a FPN for disposing of a cigarette. Mr X asked it to review its decision, then he complained to us. The Council has since told us it has cancelled the FPN, and says it will write to Mr X to explain this. There is nothing different we could achieve by investigating the matter further.

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Final decision

6. We will not investigate Mr X’s complaint because the Council has now cancelled the FPN and there is nothing further we could achieve by investigating the matter.

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Investigator's decision on behalf of the Ombudsman