London Borough of Lambeth (24 018 360)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 17 Feb 2025
The Ombudsman's final decision:
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
- The complainant, Mr X, complains he was issued a Fixed Penalty Notice (FPN) for littering a cigarette butt. Mr X says the penalty, at £250, was too high and there were no warning signs displayed.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X was issued with a FPN for littering a cigarette butt.
- Mr X decided to pay the FPN rather than raising a defence against its issue in court. He then complained to the Council and requested a refund.
- The Council told Mr X that no warnings are issued for littering, the FPN was correctly issued and that no refund was due.
- 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 disagreed with the issuing of the FPN. We are not an appeal body and we cannot decide whether the FPN was correctly issued. This was a matter for the courts to decide and Mr X had the opportunity to raise a defence in court rather than paying the FPN.
Final decision
- We will not investigate Mr X’s complaint because Mr X could have used his right to raise a defence against the issuing of the FPN in court if he disagreed with its issue. The court would have reached a view on whether the offence was committed. It is not a matter we can decide.
Investigator's decision on behalf of the Ombudsman