The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council caused her time and trouble in how it dealt with a fixed penalty notice issued for littering. There is insufficient evidence of fault or injustice. The Council accepted Ms X’s representation and cancelled the notice.
The complaint
Ms X complains the Council issued a fixed penalty notice for littering. Ms X says there was no evidence about the alleged offence and information about how to challenge was not clear. Ms X says the Council assumes guilt and pressurises a person to pay. Ms X says it took time and trouble to show that she was not at fault regarding a package which had been lost or stolen.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I have considered Ms X’s information and comments. The information includes the fixed penalty notice issued in August.
My assessment
I will not investigate this complaint for the following reasons: There is insufficient evidence of fault in the issuing of the fixed penalty notice. The notice says there was an offence of littering and the location. The notice explains a representation against the notice can be made via the Council’s website and provides a postal address. The information explains legal proceedings will not start before a reply to any representation has been sent. A further 7 days will be given to pay if a representation is rejected.
There is insufficient injustice. On 29 September the Council wrote to Ms X, having considered her representation, and cancelled the fixed penalty notice.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council caused her time and trouble in how it dealt with a fixed penalty notice issued for littering. There is insufficient evidence of fault or injustice. The Council accepted Ms X’s representation and cancelled the notice
Investigator's decision on behalf of the Ombudsman