Summary: We will not investigate Miss X’s complaint about the Council’s actions in relation to its issuing of a Fixed Penalty Notice for littering. This is because Miss X can raise a defence against the issuing of the notice in court.

The complaint

1. The complainant, Miss X, complains she has been incorrectly issued a Fixed Penalty Notice for littering from her vehicle. She also complains about the tone of the Council’s correspondence on the matter.

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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. Miss X complained to the Council after she was issued a Fixed Penalty Notice (FPN) for littering from her vehicle. Miss X said the offence was not committed. She also complained the Council’s correspondence on the matter was abrupt and caused her distress.
7. The Council explained the options available to Miss X; to either accept and pay the penalty or raise a defence against its issue in court. It apologised that the terminology used in its correspondence caused distress and said this would not have been the officer’s intention.
8. We will not investigate this complaint, This is because Miss X has the right to raise a defence against the issue of the FPN in court if she believes it was incorrectly issued and decides not to pay it. We are not an appeal body. We cannot decide whether or not the alleged offence was committed; whether the FPN was correctly issued nor whether Miss X is liable. These are matters for the courts to decide and this is the suitable route for Miss X to use should she wish to challenge the FPN.

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Final decision

9. We will not investigate Miss X’s complaint because she can defend the matter in court if she considers the FPN was incorrectly issued.

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Investigator's decision on behalf of the Ombudsman