Summary: We will not investigate Mr X’s complaint about the Council’s refusal to cancel a Fixed Penalty Notice, and its handling of the matter. This is because there is no worthwhile outcome achievable by our investigation.

The complaint

1. Mr X complains the Council incorrectly issued a Fixed Penalty Notice (FPN) for littering. He is unhappy with the way it has handled the matter.
2. Mr X wants the Council to properly investigate the matter and cancel the FPN.

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The Ombudsman’s role and powers

3. 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 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council told us it reviewed Mr X’s case again and cancelled the FPN. Mr X has therefore achieved the outcome he was seeking. Further investigation is unlikely to achieve anything more. Therefore, I will not investigate this complaint.
7. It would not be a good use of public money to investigate the Council’s handling of the matter in isolation.

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Final decision

8. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman