• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a Fixed Penalty Notice for fly tipping. This is because the complainant could have raised a defence in court.

The complaint

1. Mrs X complains the Council issued her a Fixed Penalty Notice (FPN) for fly tipping. Mrs X disputes the allegation and says she has not improperly disposed of her waste. Mrs X says the matter affected her health.

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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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We may also decide not to start or continue with 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. If a council thinks a person has committed an offence, it can issue the person with a Fixed Penalty Notice (FPN). If the person pays the fine, they accept liability for the offence and the matter is closed. If the person does not pay the fine, a council can take the person to court. The person can then raise a defence in court and the court will decide whether the person has committed the offence.
7. The Council issued Mrs X with a fixed penalty notice for fly tipping. Mrs X paid the fine, accepting liability for the offence.
8. We will not investigate this complaint. Mrs X paid the fine and in doing so accepted liability for the offence. If she did not agree she was liable, she could have waited for the Council to prosecute her and raised a defence in court. Only a court can determine whether someone has committed an offence. For these reasons, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs X’s complaint because she could have raised a defence in court.

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Investigator's decision on behalf of the Ombudsman

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