Summary: We will not investigate Mr B’s complaint that he cannot afford to pay a Fixed Penalty Notice issued by the Council. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains about a Fixed Penalty Notice (FPN) he received from the Council for a littering offence. Mr B says he cannot afford to pay this £120 penalty because of financial hardship. Mr B would like the Council to either cancel or reduce this penalty.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (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 Mr B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Local authorities have the power to issue an FPN for up to a maximum of £500 for a littering offence.
6. In response to Mr B’s representations about his financial situation the Council reduced this penalty and gave Mr B more time to pay it. This shows the Council has taken Mr B’s comments into consideration before pursuing this penalty further.
7. The Council has not agreed to any further reductions or time extensions. This was a decision for the Council to make and it is not our role to tell the Council it should exercise its discretion differently by cancelling or further reducing this FPN.
8. So, there is not enough evidence of fault to justify an investigation into this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman